| People v Cortes |
| 2007 NY Slip Op 07994 [44 AD3d 538] |
| October 25, 2007 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Miguel Cortes, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), forrespondent.
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, andsentencing 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 ofhis 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 appealalso 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 toappeal, we would conclude that the court properly denied the motion. Concur—Mazzarelli,J.P., Marlow, Sullivan, Gonzalez and McGuire, JJ.