From Casetext: Smarter Legal Research

People v. Dure

Supreme Court, Appellate Division, Second Department, New York.
Feb 8, 2023
181 N.Y.S.3d 896 (N.Y. App. Div. 2023)

Opinion

2021–04883 Ind. No. 252/20

02-08-2023

The PEOPLE, etc., respondent, v. Pablo DURE, appellant.

Scott M. Bishop, White Plains, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.


Scott M. Bishop, White Plains, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Susan Cacace, J.), rendered June 1, 2021, convicting him of course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment 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. Thomas, 34 N.Y.3d 545, 564–565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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 at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

DUFFY, J.P., MILLER, DOWLING and WARHIT, JJ., concur.


Summaries of

People v. Dure

Supreme Court, Appellate Division, Second Department, New York.
Feb 8, 2023
181 N.Y.S.3d 896 (N.Y. App. Div. 2023)
Case details for

People v. Dure

Case Details

Full title:The PEOPLE, etc., respondent, v. Pablo DURE, appellant.

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

Date published: Feb 8, 2023

Citations

181 N.Y.S.3d 896 (N.Y. App. Div. 2023)