People v Avelar
2011 NY Slip Op 09140 [90 AD3d 775]
December 13, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 1, 2012


The People of the State of New York, Respondent,
v
Giovanni Avelar, Appellant.

—[*1] Greenwald Law Offices, Chester, N.Y. (Gary Greenwald of counsel), for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered March 29, 2011, convicting him of attempted criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal forecloses appellate review of the denial of that branch of his motion which was to dismiss the charge against him in furtherance of justice, in effect, pursuant to CPL 210.40 (see People v Cortes, 44 AD3d 538 [2007]).

The defendant's remaining contentions are also barred by the defendant's valid waiver of his right to appeal. Angiolillo, J.P., Dickerson, Lott and Miller, JJ., concur.