Appellate Division of the Supreme Court of New York, 1999

People v. Martinez

People v. Martinez
Appellate Division of the Supreme Court of New York · Decided January 14, 1999
257 A.D.2d 445; 682 N.Y.S.2d 586; 1999 N.Y. App. Div. LEXIS 171
People v. Martinez

Opinion of the Court

—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered August 1, 1994, convicting defendant, upon his guilty plea, of criminal possession of a controlled substance in the second degree, and sentencing him to a term of 6 years to life, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. The record establishes an unequivocal waiver as a condition of the plea (see, People v Moissett, 76 NY2d 909; People v Aponte, 212 AD2d 157). Accordingly, appellate review of his suppression claim is foreclosed (People v Kemp, 255 AD2d 240). Concur— Rosenberger, J. P., Nardelli, Williams and Rubin, JJ.

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