People v Cortes

People v Cortes 2007 NY Slip Op 07994 [44 AD3d 538] October 25, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The People of the State of New York, Respondent,
v
Miguel Cortes, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York City (Michael C. Taglieri of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.

Judgment, Supreme Court, New York County (Micki A. Scherer, J.), rendered July 27, 2005, convicting defendant, upon his plea of guilty, of reckless endangerment in the first degree, and sentencing him to a term of five years' probation, unanimously affirmed.

By pleading guilty, defendant forfeited his right to appellate review of the court's denial of his CPL 210.40 motion to dismiss the indictment in furtherance of justice (People v Arvelo, 16 AD3d 128 [2005], lv denied 4 NY3d 883 [2005]). Defendant's valid waiver of the right to appeal also forecloses review of this argument (see People v Seaberg, 74 NY2d 1, 9-10 [1989]). Were we to find that this claim survives defendant's guilty plea and his waiver of the right to appeal, we would conclude that the court properly denied the motion. Concur—Mazzarelli, J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.