People v Avelar

People v Avelar 2011 NY Slip Op 09140 Decided on December 13, 2011 Appellate Division, Second 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 December 13, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
DANIEL D. ANGIOLILLO, J.P.
THOMAS A. DICKERSON
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2011-04192

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

v

Giovanni Avelar, appellant. (S.C.I. No. 10-00497)




Greenwald Law Offices, Chester, N.Y. (Gary Greenwald of
counsel), for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y.
(Andrew R. Kass of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 29, 2011, convicting him of attempted criminal sexual act in the first 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 the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 (see People v Cortes, 44 AD3d 538, 538).

The defendant's remaining contentions are also barred by the defendant's valid waiver of his right to appeal.
ANGIOLILLO, J.P., DICKERSON, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court