People v Gonzalez
2006 NY Slip Op 08807 [34 AD3d 358]
November 28, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 17, 2007


The People of the State of New York, Respondent,
v
Lionel Gonzalez, Appellant.

[*1]Judgment, Supreme Court, Bronx County (John G. Ingram, J.), rendered December 9, 2004, convicting defendant, upon his plea of guilty, of burglary in the first degree, and sentencing him, as a second felony offender, to a term of eight years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Moissett, 76 NY2d 909 [1990]). The court elicited defendant's express waiver, and it did not conflate the right to appeal with the rights automatically forfeited by a guilty plea. This waiver forecloses review of defendant's suppression claims. Concur—Buckley, P.J., Saxe, Williams, Sweeny and Malone, JJ.