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People v. Hernandez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 3, 2019
171 A.D.3d 791 (N.Y. App. Div. 2019)

Opinion

2017–04757 Ind. No. 176/16

04-03-2019

The PEOPLE, etc., Respondent, v. Denis HERNANDEZ, Appellant.

Paul Skip Laisure, New York, N.Y. (Anders Nelson of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Anders Nelson of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Wayne M. Ozzi, J.), imposed March 27, 2017, 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. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Stanley, 99 A.D.3d 955, 951 N.Y.S.2d 909 ).

MASTRO, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Hernandez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 3, 2019
171 A.D.3d 791 (N.Y. App. Div. 2019)
Case details for

People v. Hernandez

Case Details

Full title:The People of the State of New York, respondent, v. Denis Hernandez…

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

Date published: Apr 3, 2019

Citations

171 A.D.3d 791 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 2550
95 N.Y.S.3d 828

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