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People v. Erick

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2006
31 A.D.3d 459 (N.Y. App. Div. 2006)

Opinion

2005-01709.

July 5, 2006.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered January 28, 2005, convicting him of assault in the first degree (two counts), upon his plea of guilty, and imposing sentence.

Before: Florio, J.E, Santucci, Rivera and Fisher, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty was knowingly, intelligently, and voluntarily entered (see People v Garcia, 92 NY2d 869, 870; People v Lopez, 71 NY2d 662, 666; People v Harris, 61 NY2d 9, 17). Further, he received effective assistance of counsel ( see People v Baldi, 54 NY2d 137, 146-147).

The defendant's waiver of his right to appeal forecloses appellate review of his challenge to the denial of certain branches of his motion which were to suppress his statements to law enforcement officials (see People v Kemp, 94 NY2d 831, 833; People v Barnes, 306 AD2d 537; People v Arriaga, 294 AD2d 511). Similarly, the defendant's waiver of his right to appeal forecloses review of his claim that his sentence was excessive ( see People v Lopez, 6 NY3d 248, 256; People v Hidalgo, 91 NY2d 733, 737; People v McClane, 7 AD3d 641, 642).


Summaries of

People v. Erick

Appellate Division of the Supreme Court of New York, Second Department
Jul 5, 2006
31 A.D.3d 459 (N.Y. App. Div. 2006)
Case details for

People v. Erick

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERICK ACEVEDO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 5, 2006

Citations

31 A.D.3d 459 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 5379
817 N.Y.S.2d 517

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