People v Palaguachi

People v Palaguachi 2007 NY Slip Op 02579 [38 AD3d 799] March 20, 2007 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 9, 2007

The People of the State of New York, Respondent,
v
Jose Palaguachi, Appellant.

—[*1] Daniel Guttmann, Smithtown, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Charles Balvin of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered July 22, 2005, convicting him of attempted murder in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the denial of that branch of his motion, after a hearing (Grosso, J.), which was to suppress identification testimony as well as his remaining claims (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Barnes, 306 AD2d 537 [2003]; People v Miller, 306 AD2d 294 [2003]). Crane, J.P., Goldstein, Fisher and Lifson, JJ., concur.