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People v. Moronta

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 18, 2019
178 A.D.3d 955 (N.Y. App. Div. 2019)

Opinion

2018–03343 Ind. No. 15–01303

12-18-2019

The PEOPLE, etc., Respondent, v. Berinzon MORONTA, Appellant.

Marianne Karas, Thornwood, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.


Marianne Karas, Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the County Court, Westchester County (Barry E. Warhit, J.), imposed February 28, 2018, upon his conviction of manslaughter in the first degree, upon his plea of guilty.

ORDERED that the resentence is 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, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista , 167 A.D.3d 69, 74, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v. Pacherille , 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Basurto–Lopez , 166 A.D.3d 643, 643, 84 N.Y.S.3d 905 ).

The defendant's valid waiver of his right to appeal also precludes appellate review of his contention that his counsel was ineffective at resentencing, as his contention does not relate to the voluntariness of his plea (see People v. Joseph , 142 A.D.3d 627, 627, 36 N.Y.S.3d 605 ; People v. Tarrant , 114 A.D.3d 710, 711, 979 N.Y.S.2d 827 ). Additionally, the defendant's valid waiver of his right to appeal precludes appellate review of his contention that his resentence was excessive (see People v. Ayala , 172 A.D.3d 1085, 1087, 100 N.Y.S.3d 334 ; People v. McLeggan , 156 A.D.3d 903, 903, 65 N.Y.S.3d 768 ).

CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur.


Summaries of

People v. Moronta

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 18, 2019
178 A.D.3d 955 (N.Y. App. Div. 2019)
Case details for

People v. Moronta

Case Details

Full title:The People of the State of New York, respondent, v. Berinzon Moronta…

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

Date published: Dec 18, 2019

Citations

178 A.D.3d 955 (N.Y. App. Div. 2019)
178 A.D.3d 955
2019 N.Y. Slip Op. 9026

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