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People v. Fuentes

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 13, 2020
2020 N.Y. Slip Op. 1076 (N.Y. App. Div. 2020)

Opinion

2016-12678

02-13-2020

The People of the State of New York, respondent, v. Jose Fuentes, appellant.

Janet E. Sabel, New York, NY (Steven J. Miraglia of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel), for respondent.


JOSEPH J. MALTESE BETSY BARROS VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ. (Ind. No. 2465/04)

Janet E. Sabel, New York, NY (Steven J. Miraglia of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (John G. Ingram, J.), imposed November 3, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 340-341). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 256).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Fuentes

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 13, 2020
2020 N.Y. Slip Op. 1076 (N.Y. App. Div. 2020)
Case details for

People v. Fuentes

Case Details

Full title:The People of the State of New York, respondent, v. Jose Fuentes,…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 13, 2020

Citations

2020 N.Y. Slip Op. 1076 (N.Y. App. Div. 2020)