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People v. Garcia-Mendoza

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 11, 2018
2018 N.Y. Slip Op. 2484 (N.Y. App. Div. 2018)

Opinion

2016-10861

04-11-2018

The People of the State of New York, respondent, v. Teodoro Garcia-Mendoza, appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.


SHERI S. ROMAN BETSY BARROS LINDA CHRISTOPHER, JJ. (Ind. No. 2902-14)

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Barbara Kahn, J.), imposed January 22, 2016, upon his conviction of criminal sexual act in the first degree and endangering the welfare of a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bryant, 28 NY3d 1094; People v Sanders, 25 NY3d 337). The defendant's valid appeal waiver precludes review of his excessive sentence claim (see People v Edwin L., 142 AD3d 718; People v Conway, 140 AD3d 1185).

CHAMBERS, J.P., ROMAN, BARROS and CHRISTOPHER, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Garcia-Mendoza

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 11, 2018
2018 N.Y. Slip Op. 2484 (N.Y. App. Div. 2018)
Case details for

People v. Garcia-Mendoza

Case Details

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

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

Date published: Apr 11, 2018

Citations

2018 N.Y. Slip Op. 2484 (N.Y. App. Div. 2018)