PEOPLE v. CORTEZ


256 A.D.2d 155 (1998)

683 N.Y.S.2d 223

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN CORTEZ, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided December 15, 1998.


The record of the plea proceedings establishes that defendant's right to appeal from the denial of his motion to suppress physical evidence was knowingly, intelligently, and specifically waived as part of his negotiated plea bargain (People v Seaberg, 74 N.Y.2d 1; People v Aponte, 212 A.D.2d 157). Appellate review of this issue is thus foreclosed.

Since the waiver was expressly limited...

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