PEOPLE v. CABA (2004)

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

The PEOPLE of the State of New York, Respondent, v. Ramon CABA, Defendant-Appellant.

Decided: November 18, 2004

MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, MARLOW, SWEENY, JJ.

Law Offices of Eric Franz, New York (Eric Franz of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Meredith Boylan of counsel), for respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered July 21, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree and conspiracy in the second degree, and sentencing him to consecutive terms of 6 years to life and 7 to 21 years, respectively, unanimously affirmed.

The record establishes that defendant's waiver of his right to appeal was knowingly, intelligently and voluntarily made, and that the waiver encompassed his excessive sentence claim (People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ). Therefore, defendant “․ elect[ed] to foreclose review of [his] negotiated sentence” (People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989] ). In any event, were we to find that defendant did not validly waive his right to appeal, we would perceive no basis for reducing the sentence.

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