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People v. Ruiz

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2008
48 A.D.3d 834 (N.Y. App. Div. 2008)

Opinion

No. 2006-10833.

February 26, 2008.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered November 2, 2006, convicting him of driving while under the influence of alcohol and aggravated unlicensed operation of a motor vehicle in the first degree, upon his plea of guilty, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Ronnie Jane Lamm of counsel), for respondent.

Before: Spolzino, J.P., Santucci, Dillon and Balkin, JJ.


Ordered that the judgment is affirmed.

The defendant's waiver of his right to appeal was knowingly, voluntarily, and intelligently made. In addition, the defendant was clearly informed of the court's sentencing options if he failed to comply with the conditions of the plea agreement. Accordingly, appellate review of the defendant's contention that his enhanced sentence was excessive is precluded ( see People v Greene, 13 AD3d 647).


Summaries of

People v. Ruiz

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 2008
48 A.D.3d 834 (N.Y. App. Div. 2008)
Case details for

People v. Ruiz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS RUIZ, Appellant

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

Date published: Feb 26, 2008

Citations

48 A.D.3d 834 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 1787
851 N.Y.S.2d 362

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