People v Cardona

2008 NY Slip Op 04717 [51 AD3d 941]

May 20, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

The People of the State of New York,Respondent, v Gilberto Cardona, Also Known as John Cardon,Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and Rebecca Height of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.),rendered November 17, 2005, convicting him of criminal possession of a weapon in the thirddegree (three counts), criminal sale of a firearm in the third degree, and criminal contempt in thesecond degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record establishes that the defendant's written and oral waivers, at his plea andsentencing, of his right to appeal, were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 256-257 [2006]; Peoplev Ortiz, 49 AD3d 279 [2008]; People v Higgs, 37 AD3d 736 [2007]; People v Ciatto, 290AD2d 560, 560-561 [2002]). The defendant's valid waiver of his right to appeal foreclosesappellate review of his challenges to the Supreme Court's suppression determination (seePeople v Kemp, 94 NY2d 831, 833 [1999]; People v Castillo, 49 AD3d 777 [2008]; People v Morgan, 44 AD3d 797[2007]; People v Higgs, 37 AD3d736 [2007]; People v Ciatto, 290 AD2d 560, 562 [2002]). Rivera, J.P., Covello,Angiolillo and McCarthy, JJ., concur.