Legal Opinion

People v. Avelar

Appellate Division of the Supreme Court of the State of New York

Decided December 13, 2011PublishedCited by 1 opinion

1Opinion of the Court

*776The 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.

2Cases cited1 opinion

  1. People v. CortesAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by1 opinion

  1. People v. McCullenAppellate Division of the Supreme Court of the State of New York · 2019