From Casetext: Smarter Legal Research

People v. Fierro

Supreme Court of New York, Second Department
Jun 28, 2023
217 A.D.3d 964 (N.Y. App. Div. 2023)

Opinion

No. 2022-01608 Ind. No. 2096/20

06-28-2023

The People of the State of New York, respondent, v. Alfredo Fierro, appellant.

Patricia Pazner, New York, NY (Tammy E. Linn of counsel; Russ Altman-Merino on the memorandum), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Karen Abel-Bey on the memorandum), for respondent.


Patricia Pazner, New York, NY (Tammy E. Linn of counsel; Russ Altman-Merino on the memorandum), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Karen Abel-Bey on the memorandum), for respondent.

MARK C. DILLON, J.P. ANGELA G. IANNACCI LARA J. GENOVESI LILLIAN WAN, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Jane Tully, J.), imposed February 24, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 N.Y.3d 337, 340-342; People v Lopez, 6 N.Y.3d 248, 256-257; People v Diaz, 169 A.D.3d 1059). 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 Morrow, 198 A.D.3d 922, 923).

DILLON, J.P., IANNACCI, GENOVESI and WAN, JJ., concur.


Summaries of

People v. Fierro

Supreme Court of New York, Second Department
Jun 28, 2023
217 A.D.3d 964 (N.Y. App. Div. 2023)
Case details for

People v. Fierro

Case Details

Full title:The People of the State of New York, respondent, v. Alfredo Fierro…

Court:Supreme Court of New York, Second Department

Date published: Jun 28, 2023

Citations

217 A.D.3d 964 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 3475
190 N.Y.S.3d 164