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PEOPLE v. MONTANEZ

2020-09088. Ind. No. 2507/19.

203 A.D.3d 755 (2022)

160 N.Y.S.3d 659

2022 NY Slip Op 01324

The People of the State of New York, Respondent, v. Gordon Montanez, Appellant.

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

Decided March 2, 2022.

Attorney(s) appearing for the Case

Patricia Pazner , New York, NY ( Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove , Jean M. Joyce , and Melissa Wachs of counsel), for respondent.

Connolly, J.P., Chambers, Roman and Genovesi, JJ., concur.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545, 565-566 [2019]; People v Lopez, 6 N.Y.3d 248, 256-257 [2006]; People v Headley, 197 A.D.3d 1329, 1330 [2021]). The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the mandatory surcharge, DNA databank fee...

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