People v. Marrero

236 A.D.2d 327, 655 N.Y.S.2d 337, 1997 N.Y. App. Div. LEXIS 1670

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 27, 1997
• Status: Published

Opinion

—Judgment, Supreme Court, Bronx County (Frank Diaz, J., at hearing; Joseph Cerbone, J., at plea and sentence), rendered November 17, 1994, convicting defendant of driving while intoxicated, and sentencing him to 5 years probation and a fine of $1,000, unanimously affirmed.

Defendant’s valid waiver of his right to appeal forecloses all appellate review of his contention that his motion to suppress a Breathalyzer examination should have been granted (People v Graham, 220 AD2d 215), a claim which in the present circumstances is without merit in any event. Concur—Murphy, P. J., Sullivan, Rubin and Andrias, JJ.