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People v. Alvarez

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 9, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
CARLOS ALVAREZ, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Calabrese, J.), rendered January 26, 2007, convicting him of assault in the second degree, upon a jury verdict, and attempted murder in the second degree and assault in the first degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., ANITA R. FLORIO, RANDALL T. ENG and CHERYL E. CHAMBERS, JJ.

(Ind. No. 2186/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contentions, the record demonstrates that his written and oral waivers of his right to appeal were intelligently, knowingly, and voluntarily made (see People v Ramos, 7 NY3d 737, 738; People v Luster, 45 AD3d 866, 867; People v Silent, 37 AD3d 625, 625). Consequently, the defendant's valid waiver of his right to appeal forecloses appellate review of his challenges to the procedures employed by the sentencing court in its determination regarding restitution (see People v Callahan, 80 NY2d 273, 280-281; People v Chatmon, 46 AD3d 833, 833-834; People v Caba, 238 AD2d 603, 603).

The defendant's remaining contention is without merit.

MASTRO, J.P., FLORIO, ENG and CHAMBERS, JJ., concur.

20081209

© 1992-2008 VersusLaw Inc.



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