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People v. Vasquez

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 25, 2016
137 A.D.3d 1636 (N.Y. App. Div. 2016)

Opinion

03-25-2016

The PEOPLE of the State of New York, Respondent, v. Benancio VASQUEZ, Defendant–Appellant.

Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.


Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of Counsel), for Defendant–Appellant.

Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.

Opinion

MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law § 130.80[1][b] ). Defendant was sentenced to a determinate term of incarceration of five years to be followed by 10 years of postrelease supervision. The valid waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46). In any event, we conclude that the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

WHALEN, P.J., CENTRA, PERADOTTO, CARNI, and SCUDDER, JJ., concur.


Summaries of

People v. Vasquez

Supreme Court, Appellate Division, Fourth Department, New York.
Mar 25, 2016
137 A.D.3d 1636 (N.Y. App. Div. 2016)
Case details for

People v. Vasquez

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Benancio VASQUEZ…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Mar 25, 2016

Citations

137 A.D.3d 1636 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 2183
27 N.Y.S.3d 406

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