Appellate Division of the Supreme Court of New York, 2011

People v. Avelar

People v. Avelar
Appellate Division of the Supreme Court of New York · Decided December 13, 2011
90 A.D.3d 775; 934 N.Y.2d 333
People v. Avelar

Opinion of the Court

*776The defendant’s valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 (see People v Cortes, 44 AD3d 538 [2007]).

The defendant’s remaining contentions are also barred by the defendant’s valid waiver of his right to appeal. Angiolillo, J.P, Dickerson, Lott and Miller, JJ., concur.

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