People v. Gonzalez

34 A.D.3d 358, 823 N.Y.S.2d 895

Opinion

Judgment, Supreme Court, Bronx County (John G. Ingram, J), rendered December 9, 2004, convicting defendant, upon his plea of guilty, of burglary in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Moissett, 76 NY2d 909 [1990]). The court elicited defendant’s express waiver, and it did not conflate the right to appeal with the rights automatically forfeited by a guilty plea. This waiver forecloses review of defendant’s suppression claims. Concur—Buckley, EJ., Saxe, Williams, Sweeny and Malone, JJ.