| People v Lopez |
| 2014 NY Slip Op 04532 [118 AD3d 1190] |
| June 19, 2014 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York, Respondent, vJorge Lopez, Appellant. |
Robert A. Regan, Glens Falls, for appellant.
J. Anthony Jordan, District Attorney, Fort Edward (Katherine G. Henley of counsel),for respondent.
Lahtinen, J. Appeal from a judgment of the County Court of Washington County(McKeighan, J.), rendered September 13, 2012, convicting defendant upon his plea ofguilty of the crime of criminal sexual act in the first degree.
Defendant allegedly subjected a 10-year-old girl to numerous sexual acts. He wascharged in a multicount indictment and eventually entered an Alford plea tocriminal sexual act in the first degree and waived his right to appeal. He was sentenced inaccordance with the plea agreement and now appeals contending that he did not receiveproper notice (see CPL 710.30) regarding some of the statements that CountyCourt ruled were admissible following a Huntley hearing.
We affirm. The record reflects that defendant's waiver of his right to appeal wasknowing, voluntary and intelligent and it specifically encompassed County Court'sdecision on motions. Accordingly, review of County Court's ruling regarding theadmissibility of defendant's statements is precluded by his waiver of his right to appeal(see e.g. People v Junior, 97AD3d 984, 985 [2012], lv denied 19 NY3d 1103 [2012]; People vIrvis, 301 AD2d 782, 783 [2003], lv denied 99 NY2d 655 [2003]; Peoplev Jackson, 245 AD2d 964, 964-965 [1997], lv denied 91 NY2d 926[1998]).
Peters, P.J., McCarthy, Garry and Devine, JJ., concur. Ordered that the judgment isaffirmed.