PEOPLE v. REYES (1999)

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

The PEOPLE of the State of New York, Respondent, v. Roderick REYES, Defendant-Appellant.

Decided: October 21, 1999

ELLERIN, P.J., WALLACH, LERNER, RUBIN and BUCKLEY, JJ.

Vincent Rivellese, for Respondent. Elizabeth Manning, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Budd Goodman, J., on suppression motion; Allen Alpert, J., at plea and sentence), rendered January 9, 1997, convicting defendant of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 11 to 22 years, unanimously affirmed.

The record establishes that defendant made a voluntary, knowing, and intelligent waiver of his right to appeal (see, People v. Moissett, 76 N.Y.2d 909, 563 N.Y.S.2d 43, 564 N.E.2d 653). Moreover, the waiver specifically encompassed the motion court's suppression ruling. Since defendant raises no claims that fall under the categories of issues that survive a waiver of the right to appeal, appellate review is foreclosed (People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022).

MEMORANDUM DECISION.

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