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People v. Reyes

265 A.D.2d 223 Court N.Y. App. Div. Decision date 1999-10-21 English

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p. 223
The People of the State of New York, Respondent, v Roderick Reyes, Appellant.
[697 NYS2d 11]

—Judgment, Supreme Court, New York County (Budd Goodman, J., on suppression motion; Allen Alpert, J., at plea and sentence), rendered January 9, 1997, convicting defendant of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 11 to 22 years, unanimously affirmed.

The record establishes that defendant made a voluntary, knowing, and intelligent waiver of his right to appeal (see, People v Moissett, 76 NY2d 909 ). Moreover, the waiver specifically encompassed the motion court’s suppression ruling. Since defendant raises no claims that fall under the categories of issues that survive a waiver of the right to appeal, appellate review is foreclosed (People v Seaberg, 74 NY2d 1 ). Concur— Ellerin, P. J., Wallach, Lerner, Rubin and Buckley, JJ.

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