PEOPLE v. MONTANO (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ira H. Margulis, J.), rendered July 5, 2022, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

“We note as an initial matter, that as of January 1, 2020 (see L 2019, ch 59, § 1, part KKK, §§ 1, 2), ‘[a]n order finally denying a motion to dismiss pursuant to [CPL 30.30(1)] shall be reviewable upon an appeal from an ensuing judgment of conviction notwithstanding the fact that such judgment is entered upon a plea of guilty’ ” (People v. Gore, 224 A.D.3d 848, 848, 205 N.Y.S.3d 486, quoting CPL 30.30[6]).  Here, since the judgment of conviction was rendered after the effective date of the statute, the defendant's challenge to the Supreme Court's denial of his motion to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial is reviewable on appeal, despite his plea of guilty (see id.;  People v. Votaw, 190 A.D.3d 1162, 1163–1164, 139 N.Y.S.3d 455;  cf.  People v. George, 199 A.D.3d 831, 832, 154 N.Y.S.3d 269).

However, contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 558–564, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 255–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Williams, 180 A.D.3d 814, 814, 115 N.Y.S.3d 897).  The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the court's denial of his statutory speedy trial motion (see People v. Gore, 224 A.D.3d at 848–849, 205 N.Y.S.3d 486;  People v. Votaw, 190 A.D.3d at 1163–1164, 139 N.Y.S.3d 455;  People v. Person, 184 A.D.3d 447, 448, 126 N.Y.S.3d 14), as well as his contention that the sentence imposed was excessive (see People v. Cabral, 223 A.D.3d 839, 839, 203 N.Y.S.3d 702;  People v. Stevens, 203 A.D.3d 958, 959–960, 163 N.Y.S.3d 615).

DILLON, J.P., WOOTEN, VENTURA and GOLIA, JJ., concur.