| People v Carvajal |
| 2009 NY Slip Op 08966 [68 AD3d 443] |
| December 3, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Mario Carvajal, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Timothy C. Stone of counsel), forrespondent.
Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 25,2008, convicting defendant, upon his plea of guilty, of criminal possession of a controlledsubstance in the third degree, and sentencing him to a term of two years, unanimously affirmed.
Defendant made a valid and enforceable waiver of his right to appeal (see People v Ramos, 7 NY3d 737[2006]; People v Lopez, 6 NY3d248, 257 [2006]). To the extent there was any ambiguity in the court's colloquy withdefendant, the written waiver ensured defendant understood that in addition to the rights he wasgiving up by pleading guilty, he was separately giving up his right to appeal as a bargained-forcondition of the plea (see Ramos, 7 NY3d at 738; compare People v Williams, 59 AD3d 339 [2009], lvdenied 12 NY3d 861 [2009]). Although the written waiver was in English, a Spanishinterpreter was present throughout the plea proceeding and available to translate it for defendant(see People v Marrero, 40 AD3d321 [2007], lv denied 9 NY3d 867 [2007]).
This waiver forecloses review of defendant's suppression claim. As an alternative holding,we also reject it on the merits. Concur—Saxe, J.P., Friedman, Acosta, Renwick andAbdus-Salaam, JJ.