People v Ortega

People v Ortega 2007 NY Slip Op 04688 [41 AD3d 110] Decided on June 5, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 5, 2007
Tom, J.P., Mazzarelli, Andrias, Williams, McGuire, JJ.
1231
Ind. 5830/02

[*1]The People of the State of New York, Respondent,

v

Edwin Ortega, Defendant-Appellant.




Robert S. Dean, Center for Appellate Litigation, New York (Jan
Hoth of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Kayonia L.
Whetstone of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered June 21, 2004, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 3 to 6 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 by pleading guilty. Instead, the court separately explained that the waiver was a condition of the plea to which defendant was agreeing in exchange for a favorable sentence, and defendant agreed, acknowledging that he was voluntarily waiving his right to appeal. Were we to find otherwise, we would nevertheless affirm, since the court properly denied defendant's suppression motion.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: JUNE 5, 2007

CLERK