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People v. Hernandez

Supreme Court, Appellate Division, Second Department, New York.
Mar 14, 2018
159 A.D.3d 831 (N.Y. App. Div. 2018)

Opinion

2016–05056 2016–06509 Ind. Nos. 1708/12 5323/12

03-14-2018

The PEOPLE, etc., respondent, v. Victor HERNANDEZ, appellant.

Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Felix O. De Jesus on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Felix O. De Jesus on the memorandum), for respondent.

ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.

DECISION & ORDERAppeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (William Miller, J.), both imposed May 7, 2015, upon his pleas of guilty, on the ground that the sentences were excessive.ORDERED that the sentences are affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

SCHEINKMAN, P.J., MASTRO, ROMAN, LASALLE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Hernandez

Supreme Court, Appellate Division, Second Department, New York.
Mar 14, 2018
159 A.D.3d 831 (N.Y. App. Div. 2018)
Case details for

People v. Hernandez

Case Details

Full title:The PEOPLE, etc., respondent, v. Victor HERNANDEZ, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Mar 14, 2018

Citations

159 A.D.3d 831 (N.Y. App. Div. 2018)
69 N.Y.S.3d 839