PEOPLE v. COMPRES MORENO (2025)

Judgment, Supreme Court, New York County (Curtis J. Farber, J.), rendered May 29, 2019, convicting defendant, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle in the first degree, and sentencing him to three years probation and a $500 fine, unanimously affirmed.

Defendant validly waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]).  The plea court's colloquy with defendant, taken together with the written appeal waiver that defendant signed after it was translated into Spanish for him and after consulting with counsel, established a knowing, intelligent, and voluntary waiver.  To the extent that the court's colloquy suggested that the waiver foreclosed “all possible challenges to the conviction,” it was corrected by the written waiver, which clarified that the waiver of appeal did not apply to certain issues (People v. Walker, 206 A.D.3d 541, 541, 168 N.Y.S.3d 820 [1st Dept. 2022], lv denied 38 N.Y.3d 1191, 176 N.Y.S.3d 221, 197 N.E.3d 501 [2022]).

The waiver forecloses review of defendant's suppression claims (see People v. Guerrero, 200 A.D.3d 432, 432, 154 N.Y.S.3d 762 [1st Dept. 2021], lv denied 38 N.Y.3d 950, 165 N.Y.S.3d 473, 185 N.E.3d 994 [2022]).  As an alternative holding, defendant's claim is unpreserved since he failed to alert the court “to the fact that it had overlooked one aspect of his motion, thereby acquiesc[ing] in the lack of a ruling” (People v. Harley, 253 A.D.2d 699, 699, 679 N.Y.S.2d 99 [1st Dept. 1998], lv denied 92 N.Y.2d 1032, 684 N.Y.S.2d 497, 707 N.E.2d 452 [1998]), and we decline to review it in the interest of justice.  In any event, we find his argument unavailing (see e.g. People v. Maldonado, 221 A.D.3d 546, 546–547, 200 N.Y.S.3d 345 [1st Dept. 2023], lv denied 42 N.Y.3d 939, 217 N.Y.S.3d 907, 242 N.E.3d 692 [2024], lv denied 43 N.Y.3d 945, 231 N.Y.S.3d 417, 257 N.E.3d 112 [2025]).

We have considered defendant's remaining arguments and find them unavailing.