People v Feliciano

People v Feliciano 2011 NY Slip Op 00547 Decided on February 1, 2011 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 February 1, 2011
Tom, J.P., Mazzarelli, Renwick, Freedman, Manzanet-Daniels, JJ.
4132 6108/07

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

v

Carlos Feliciano, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Allen Fallek
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Caleb
Kruckenberg of counsel), for respondent.

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J. at suppression hearing; Arlene D. Goldberg, J. at plea and sentence), rendered January 7, 2009, convicting defendant of attempted criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to a term of 5 years, unanimously affirmed.

Defendant made a valid and enforceable waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 256-257 [2006]). The court did not conflate the right to appeal with the rights automatically waived by pleading guilty. This valid waiver
forecloses review of defendant's suppression claim. As an alternative holding, we reject that claim on the merits.

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

ENTERED: FEBRUARY 1, 2011

CLERK