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People v. Espinal

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1998
251 A.D.2d 54 (N.Y. App. Div. 1998)

Opinion

June 4, 1998

Appeal from the Supreme Court, Bronx County (Ira Globerman, J.).


The record establishes that defendant's waiver of his right to appeal was knowing, voluntary, and intelligent and included waiver of the right to challenge his sentence as excessive ( People v. Seaberg, 74 N.Y.2d 1). Accordingly, review of his present excessive sentence claim is precluded ( People v. Frazier, 228 A.D.2d 171, lv denied 89 N.Y.2d 922). In any event, we perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Rosenberger, Ellerin, Nardelli and Andrias, JJ.


Summaries of

People v. Espinal

Appellate Division of the Supreme Court of New York, First Department
Jun 4, 1998
251 A.D.2d 54 (N.Y. App. Div. 1998)
Case details for

People v. Espinal

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERSON ESPINAL…

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

Date published: Jun 4, 1998

Citations

251 A.D.2d 54 (N.Y. App. Div. 1998)
672 N.Y.S.2d 719