25 A.D.3d 376 806 N.Y.S.2d 870

The People of the State of New York, Respondent, v Claudio Nunez, Appellant.

[806 NYS2d 870]

Judgment, Supreme Court, Bronx County (Caesar D. Cirigliano, J.), rendered May 11, 2001, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 10 years, unanimously affirmed.

Defendant’s guilty plea was knowing, intelligent and voluntary. The court’s response during the plea allocution to a question from defendant about deportation consequences was not inconsistent with the pertinent provisions of the Immigration and Nationality Act (8 USC § 1226 [c]; § 1227 [a] [2] [A] [iii]). Similarly, counsel was not ineffective for failing to address the *377court’s purported misstatement (compare People v McDonald, 1 NY3d 109 [2003]).

Defendant’s valid waiver of his right to appeal forecloses review of the court’s suppression ruling. Were we to find that defendant did not make a valid waiver of his right to appeal, we would reject his suppression argument. Concur—Mazzarelli, J.P., Friedman, Williams, Gonzalez and Sweeny, JJ.

People v. Nunez
25 A.D.3d 376 806 N.Y.S.2d 870

Case Details

Name
People v. Nunez
Decision Date
Jan 10, 2006
Citations

25 A.D.3d 376

806 N.Y.S.2d 870

Jurisdiction
New York

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