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People v. Pena

Appellate Division of the Supreme Court of New York, Second Department
May 25, 2010
73 A.D.3d 1216 (N.Y. App. Div. 2010)

Opinion

No. 2003-02951.

May 25, 2010.

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 the first degree, upon his plea of guilty, and imposing sentence.

Jose A. Muniz, P.C., New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for respondent.

Before: Mastro, J.P., Santucci, Chambers and Roman, JJ.


Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Ramos, 7 NY3d 737; People v Lopez, 6 NY3d 248; People v Seaberg, 74 NY2d 1, 11). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the Supreme Court's suppression determination ( see People v Kemp, 94 NY2d 831, 833; People v Rossetti, 55 AD3d 637, 638; People v DeAngelo, 40 AD3d 656; People v Munford, 37 AD3d 855; People v Smith, 35 AD3d 769; People v Peoples, 34 AD3d 503; People v Campbell, 24 AD3d 463). Moreover, under the totality of the circumstances presented in this record, we cannot say that the defendant was deprived of the effective assistance of counsel ( see People v Baldi, 54 NY2d 137, 147).


Summaries of

People v. Pena

Appellate Division of the Supreme Court of New York, Second Department
May 25, 2010
73 A.D.3d 1216 (N.Y. App. Div. 2010)
Case details for

People v. Pena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELADIO PENA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 25, 2010

Citations

73 A.D.3d 1216 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 4623
900 N.Y.S.2d 913

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