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People v. Lazado

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 1, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DAVID LAZADO, DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (Troy K. Webber, J. at motions; Seth Marvin, J. at plea and sentence), rendered September 28, 2006, convicting defendant, upon his plea of guilty, of attempted promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of 11/2 to 3 years, unanimously affirmed.

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.

Tom, J.P., Sweeny, Moskowitz, Acosta, Abdus-Salaam, JJ.

560/06

Defendant made a valid waiver of his right to appeal, which forecloses his suppression claim. The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained that the waiver of the right to appeal was in consideration for the plea (see People v Lopez, 6 NY3d 248 [2006]). As an alternative holding, we also reject defendant's suppression claim on the merits.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091201

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