Opinion
04-06-2016
The PEOPLE, etc., respondent, v. Frank PINERO, appellant.
Mark Diamond, New York, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Mark Diamond, New York, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered October 1, 2014, convicting him of 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 waiver of his right to appeal was knowingly, voluntarily, and intelligently made (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the factual sufficiency of his plea allocution (see People v. Towns, 135 A.D.3d 974, 22 N.Y.S.3d 914; People v. Nash, 38 A.D.3d 684, 832 N.Y.S.2d 593).
The defendant's remaining contentions are without merit.
LEVENTHAL, J.P., MILLER, MALTESE and DUFFY, JJ., concur.