People v Pizarro
2007 NY Slip Op 08481 [45 AD3d 609]
November 7, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 16, 2008


The People of the State of New York, Respondent,
v
Jorge Pizarro, Appellant.

[*1] Del Atwell, Montauk, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Carrie A. Ciganek of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered March 12, 2002, convicting him of manslaughter in the second degree, upon his plea of guilty, and criminal possession of a forged instrument in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal precludes review of his challenge to the court's remarks at sentencing recommending against parole release (see People v Lopez, 6 NY3d 248 [2006]; People v Seaberg, 74 NY2d 1, 10 [1989]; People v Saldana, 221 AD2d 239 [1995]), and his contention that he was denied the effective assistance of counsel (see People v Eaton, 14 AD3d 577 [2005]; People v Herring, 274 AD2d 525 [2000]; People v Holmes, 268 AD2d 597 [2000]). Schmidt, J.P., Rivera, Krausman and Florio, JJ., concur.