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PEOPLE v. RODRIGUEZ-OVALLES

2009-05566.

74 A.D.3d 1368 (2010)

903 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL RODRIGUEZ-OVALLES, Also Known as DANIEL RODRIGUEZ, Also Known as DANIEL OVALLES, Appellant.

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

Decided June 29, 2010.

Ordered that the judgment is affirmed.

The defendant's contention that his waiver of the right to appeal was not knowingly, voluntarily, and intelligently made is without merit (see People v Lopez, 6 N.Y.3d 248, 256 [2006]). As the defendant correctly argues, a claim with respect to the voluntariness of a plea survives even a valid waiver of the right to appeal (see People v Elcine, 43 A...

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