PEOPLE v. VARGAS (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Felix VARGAS, Defendant-Appellant.

Decided: February 18, 1999

ROSENBERGER, J.P., NARDELLI, TOM and ANDRIAS, JJ.

Raffaelina Gianfrancesco, for Respondent. Edith Blumberg, for Defendant-Appellant.

Judgments, Supreme Court, Bronx County (Ira Globerman, J.), rendered June 19, 1995, convicting defendant, upon his pleas of guilty, of the crimes of robbery in the first degree (5 counts), robbery in the second degree (3 counts), burglary in the first degree (4 counts), burglary in the second degree (2 counts) and endangering the welfare of a child (3 counts), and sentencing him to five terms of 12 to 24 years, four terms of 8 to 24 years, five terms of 5 to 15 years, and three terms of 1 year, with all sentences to run concurrently, unanimously affirmed.

We find nothing improper about the court's insistence upon an appeal waiver as a condition of the plea agreement (see, People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022). Defendant's valid appeal waiver forecloses review of his present challenge to evidentiary rulings made at the suppression hearing.

MEMORANDUM DECISION.

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