People v. Lopez
Docket: 2020-00614
Court: Appellate Division of the Supreme Court of the State of New York; November 2, 2022; New York; State Appellate Court
Original Court Document: View Document
Yen S. Lopez appealed a judgment from the County Court in Suffolk County, which convicted him on four counts of criminal contempt (two counts each of first and second degree) following his guilty plea. The Appellate Division, Second Department, affirmed the judgment, stating that Lopez's waiver of the right to appeal was made knowingly, voluntarily, and intelligently. The court clarified that a written waiver is not required for the validity of an appeal waiver. Consequently, Lopez's arguments regarding the procedures used to adjudicate him as a second felony offender, as well as his claim of ineffective assistance of counsel, were not reviewed on appeal due to the valid waiver. The decision was rendered by Justices Colleen D. Duffy, Linda Christopher, Deborah A. Dowling, and Barry E. Warhit, with Maria T. Fasulo serving as Clerk of the Court.