People v. Chavez

Appellate Division of the Supreme Court of New York

People v. Chavez

84 A.D.3d 630, 923 N.Y.S.2d 319

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 24, 2011

StatusPublished

Cited by3 cases

This text of 84 A.D.3d 630 (People v. Chavez) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Chavez, 84 A.D.3d 630, 923 N.Y.S.2d 319 (N.Y. Ct. App. 2011).

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Opinion

Judgment, Supreme Court, Bronx County (John W. Carter, J), rendered November 18, 2009, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 18 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited as the result of a guilty plea (compare People v Williams, 59 AD3d 339, 340 [2009], lv denied 12 NY3d 861 [2009]). Instead it explained that, in return for the negotiated disposition, defendant was additionally agreeing to waive his right to appeal. Defendant, who had discussed the waiver with counsel, acknowledged his understanding of the waiver. This waiver forecloses defendant’s suppression and excessive sentence claims. As an alternative holding, we also reject these claims on the merits.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). We also perceive no basis for reducing the sentence. Concur — Tom, J.B, Saxe, Moskowitz, Acosta and Abdus-Salaam, JJ.

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Judgment, Supreme Court, Bronx County (John W. Carter, J), rendered November 18, 2009, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 18 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248 [2006]). The court did not conflate the right to appeal with the rights automatically forfeited as the result of a guilty plea (compare People v Williams, 59 AD3d 339, 340 [2009], lv denied 12 NY3d 861 [2009]). Instead it explained that, in return for the negotiated disposition, defendant was additionally agreeing to waive his right to appeal. Defendant, who had discussed the waiver with counsel, acknowledged his understanding of the waiver. This waiver forecloses defendant’s suppression and excessive sentence claims. As an alternative holding, we also reject these claims on the merits.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). We also perceive no basis for reducing the sentence. Concur — Tom, J.B, Saxe, Moskowitz, Acosta and Abdus-Salaam, JJ.

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Bluebook (online)

84 A.D.3d 630, 923 N.Y.S.2d 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chavez-nyappdiv-2011.

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