PEOPLE v. LAZADO

1590, 560/06

68 A.D.3d 408 (2009)

2009 NY Slip Op 8865

888 N.Y.S.2d 743

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID LAZADO, Appellant.

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

Decided December 1, 2009.


Defendant made a valid waiver of his right to appeal, which forecloses his suppression claim. The court did not conflate the right to appeal with the rights automatically forfeited by pleading guilty, but separately explained that the waiver of the right to appeal was in consideration for the plea (see People v Lopez, 6 N.Y.3d 248 [2006]). As an alternative holding, we also reject defendant's suppression claim...

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