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People v. Portillo

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2002
294 A.D.2d 379 (N.Y. App. Div. 2002)

Opinion

1996-00594, 1996-00595

Submitted April 10, 2002.

May 8, 2002.

Appeal by the defendant, as limited by his brief, from two sentences of the County Court, Nassau County (Jonas, J.), both imposed December 19, 1995, on the ground that the sentences are excessive.

Carlos Portillo, Dannemora, N.Y., appellant pro se.

Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and Cara Brady of counsel), for respondent.

Before: RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO, COZIER, JJ.


ORDERED that the sentences are affirmed.

The defendant knowingly, intelligently, and voluntarily waived, without limitation, the right to appeal his convictions and sentences (see People v. Moissett, 76 N.Y.2d 909; People v. Seaberg, 74 N.Y.2d 1). Since the defendant was informed of the maximum sentences which would be imposed pursuant to the plea agreement, his general waiver of his right to appeal encompasses his claim that the agreed-upon sentences, which were, in fact, imposed, were excessive (see People v. Lococo, 92 N.Y.2d 825).

RITTER, J.P., FLORIO, GOLDSTEIN, LUCIANO and COZIER, JJ., concur.


Summaries of

People v. Portillo

Appellate Division of the Supreme Court of New York, Second Department
May 8, 2002
294 A.D.2d 379 (N.Y. App. Div. 2002)
Case details for

People v. Portillo

Case Details

Full title:THE PEOPLE, ETC., respondent, v. CARLOS PORTILLO, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 8, 2002

Citations

294 A.D.2d 379 (N.Y. App. Div. 2002)
741 N.Y.S.2d 890

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