PEOPLE v. CASTILLO (2008)

Appeal by the defendant from a judgment of the County Court, Nassau County (Brown, J.), rendered May 12, 2006, convicting him of attempted murder in the second degree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses appellate review of the defendant's arguments relating to the County Court's suppression determination (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;  People v. Williams, 36 N.Y.2d 829, 830, 370 N.Y.S.2d 904, 331 N.E.2d 684, cert. denied 423 U.S. 873, 96 S.Ct. 141, 46 L.Ed.2d 104).

Insofar as the defendant contends that, while in the course of translating into Spanish the statements made by the court during the course of the plea proceedings, the official court interpreter told him that he would be free to withdraw his plea at any time prior to sentence and for any reason, and to the extent that the defendant thus argues that the official court interpreter essentially led him to believe that the court had promised him something that the court, in fact, never promised, this argument is “unsupported by the existing record” (People v. Wen Quing Lu, 240 A.D.2d 197, 197, 658 N.Y.S.2d 875).