Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Alvarez

People v. Alvarez, 57 A.D.3d 688 (Appellate Division of the Supreme Court of the State of New York 2008)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
2008-12-09
Topic
general

Contrary to the defendant’s contentions, the record demonstrates that his written and oral waivers of his right to appeal were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Luster, 45 AD3d 866, 867 [2007]; People v Silent, 37 AD3d 625, 625 [2007]). Consequently, the defendant’s valid waiver of his right to appeal forecloses appellate review of his challenges to the procedures employed by the sentencing court in its determination regarding restitution (see People v Callahan, 80 NY2d 273, 280-281 [1992]; People v Chatmon, 46 AD3d 833, 833-834 [2007]; People v Caba, 238 AD2d 603 [1997]). The defendant’s remaining contention is without merit. Mastro, J.E, Florio, Eng and Chambers, JJ., concur.

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Cited by
2 opinions

Contrary to the defendant’s contentions, the record demonstrates that his written and oral waivers of his right to appeal were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Luster, 45 AD3d 866, 867 [2007]; People v Silent, 37 AD3d 625, 625 [2007]). Consequently, the defendant’s valid waiver of his right to appeal forecloses appellate review of his challenges to the procedures employed by the sentencing court in its determination regarding restitution (see People v Callahan, 80 NY2d 273, 280-281 [1992]; People v Chatmon, 46 AD3d 833, 833-834 [2007]; People v Caba, 238 AD2d 603 [1997]).

The defendant’s remaining contention is without merit. Mastro, J.E, Florio, Eng and Chambers, JJ., concur.