From Casetext: Smarter Legal Research

People v. Garcia

Supreme Court, Appellate Division, Second Department, New York.
Jun 17, 2015
129 A.D.3d 988 (N.Y. App. Div. 2015)

Opinion

06-17-2015

The PEOPLE, etc., respondent, v. Carlos GARCIA, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan and Marcia R. Kucera of counsel), for respondent.


Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan and Marcia R. Kucera of counsel), for respondent.

Opinion Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Hinrichs, J.), imposed July 31, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was valid, and precludes review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG, P.J., BALKIN, DICKERSON, CHAMBERS and DUFFY, JJ., concur.


Summaries of

People v. Garcia

Supreme Court, Appellate Division, Second Department, New York.
Jun 17, 2015
129 A.D.3d 988 (N.Y. App. Div. 2015)
Case details for

People v. Garcia

Case Details

Full title:The PEOPLE, etc., respondent, v. Carlos GARCIA, appellant.

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

Date published: Jun 17, 2015

Citations

129 A.D.3d 988 (N.Y. App. Div. 2015)
129 A.D.3d 988
2015 N.Y. Slip Op. 5204

Citing Cases

Garcia v. Whitaker

On direct appeal, his conviction was affirmed by the Appellate Division, Second Department, of New York State…