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People v. Ordenana

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 12, 2018
61 Misc. 3d 155 (N.Y. App. Term 2018)

Opinion

570575/17

12-12-2018

The PEOPLE of the State of New York, Respondent, v. Daniel ORDENANA, Defendant-Appellant.


Per Curiam.

Judgment of conviction (Shari Ruth Michels, J. at plea, Bahaati E. Pitt, J. at sentencing) rendered on August 10, 2017, affirmed.

Defendant made a valid waiver of his right to appeal (see People v. Bryant , 28 NY3d 1094 [2016] ), which forecloses his excessive sentence claim. The combination of the oral colloquy with defendant concerning the waiver and the thorough written waiver that defendant signed after consulting with his attorney met or exceeded the requirements for a valid waiver (see People v. Bryant , 28 NY3d 1094 ). Contrary to the defendant's contention, the plea court did not improperly delegate the appeal waiver allocution to the prosecutor (see People v. Fowler , 111 AD3d 958 [2013], lv denied 22 NY3d 1138 [2014] ), since the proceeding was conducted in the court's presence and under its supervision (see People v. Bethune , 91 AD3d 966 [2012], lv denied 19 NY3d 957 [2012] ).

Regardless of whether defendant made a valid waiver of the right to appeal, we perceive no basis for reducing the sentence.


Summaries of

People v. Ordenana

SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
Dec 12, 2018
61 Misc. 3d 155 (N.Y. App. Term 2018)
Case details for

People v. Ordenana

Case Details

Full title:The People of the State of New York, Respondent, v. Daniel Ordenana…

Court:SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT

Date published: Dec 12, 2018

Citations

61 Misc. 3d 155 (N.Y. App. Term 2018)
2018 N.Y. Slip Op. 51832
112 N.Y.S.3d 409