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People v. Herbert

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 18, 2019
178 A.D.3d 951 (N.Y. App. Div. 2019)

Opinion

2018–08797 Ind.No. 17–00552

12-18-2019

The PEOPLE, etc., Respondent, v. Johnnie L. HERBERT, Appellant.

Alex Smith, Middletown, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.


Alex Smith, Middletown, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Craig Stephen Brown, J.), imposed June 18, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

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. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.


Summaries of

People v. Herbert

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 18, 2019
178 A.D.3d 951 (N.Y. App. Div. 2019)
Case details for

People v. Herbert

Case Details

Full title:The People of the State of New York, respondent, v. Johnnie L. Herbert…

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

Date published: Dec 18, 2019

Citations

178 A.D.3d 951 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 9020
112 N.Y.S.3d 511