| People v Pena |
| 2010 NY Slip Op 04623 [73 AD3d 1216] |
| May 25, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Eladio Pena, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg,J.), rendered November 20, 2002, convicting him of murder in the second degree and rape in thefirst degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (seePeople v Ramos, 7 NY3d 737 [2006]; People v Lopez, 6 NY3d 248 [2006];People v Seaberg, 74 NY2d 1, 11 [1989]). The defendant's valid waiver of his right toappeal forecloses appellate review of his challenge to the Supreme Court's suppressiondetermination (see People v Kemp, 94 NY2d 831, 833 [1999]; People v Rossetti,55 AD3d 637, 638 [2008]; People v DeAngelo, 40 AD3d 656 [2007]; People vMunford, 37 AD3d 855 [2007]; People v Smith, 35 AD3d 769 [2006]; People vPeoples, 34 AD3d 503 [2006]; People v Campbell, 24 AD3d 463 [2005]). Moreover,under the totality of the circumstances presented in this record, we cannot say that the defendantwas deprived of the effective assistance of counsel (see People v Baldi, 54 NY2d 137,147 [1981]). Mastro, J.P., Santucci, Chambers and Roman, JJ., concur.