| People v Sanchez |
| 2014 NY Slip Op 07692 [122 AD3d 778] |
| November 12, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Luis E. Sanchez, Appellant. |
Robert C. Mitchell, Riverhead, N.Y. (Kirk R. Brandt of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang ofcounsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Cohen, J.), rendered June 29, 2012, as amended December 6, 2012, convicting him ofmanslaughter in the second degree, vehicular assault in the second degree, driving whileability impaired by drugs, reckless driving, and speeding, upon his plea of guilty, andimposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant's waiver of his right to appeal was knowingly, voluntarily, andintelligently made. "[W]here [as here] the plea allocution demonstrates a knowing,voluntary and intelligent waiver of the right to appeal, intended comprehensively tocover all aspects of the case, and no constitutional or statutory mandate or public policyconcern prohibits its acceptance, the waiver will be upheld completely" (People vMuniz, 91 NY2d 570, 575 [1998]; see People v Kemp, 94 NY2d 831, 833[1999]). "The defendant's valid waiver of his right to appeal forecloses appellate reviewof his challenge to the hearing court's suppression determination" (People v Kidd, 100 AD3d779, 779 [2012]; see Peoplev Sanders, 112 AD3d 748, 750 [2013], lv granted 22 NY3d 1160[2014]). Moreover, where, as here, the defendant failed to comply with the conditionsattached to the plea agreement, "appellate review of his contention that his enhancedsentence is excessive is precluded by the appeal waiver" (People v Duryea, 116 AD3d709, 710 [2014]; see People v Lococo, 92 NY2d 825, 827 [1998]; People v Smith, 102 AD3d896, 897 [2013]; People vBullock, 54 AD3d 959 [2008]; People v Ruiz, 48 AD3d 834 [2008]). Chambers, J.P.,Sgroi, Miller and Barros, JJ., concur.