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People v. Benitez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 20, 2019
177 A.D.3d 898 (N.Y. App. Div. 2019)

Opinion

2018–05367 Ind.No. 37/17

11-20-2019

The PEOPLE, etc., Respondent, v. Adam BENITEZ, Appellant.

Janet E. Sabel, New York, N.Y. (Simon Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Anna Arena on the memorandum), for respondent.


Janet E. Sabel, New York, N.Y. (Simon Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Anna Arena on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez , 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

DILLON, J.P., AUSTIN, ROMAN and CHRISTOPHER, JJ., concur.


Summaries of

People v. Benitez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 20, 2019
177 A.D.3d 898 (N.Y. App. Div. 2019)
Case details for

People v. Benitez

Case Details

Full title:The People of the State of New York, respondent, v. Adam Benitez…

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

Date published: Nov 20, 2019

Citations

177 A.D.3d 898 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8419
110 N.Y.S.3d 581