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People v. Hernandez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 11, 2020
2020 N.Y. Slip Op. 1639 (N.Y. App. Div. 2020)

Opinion

2019-02734

03-11-2020

The People of the State of New York, respondent, v. Eric Hernandez, appellant.

Gerald Zuckerman, Croton-on-Hudson, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Christine DiSalvo and William C. Milaccio of counsel), for respondent.


JOSEPH J. MALTESE FRANCESCA E. CONNOLLY VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 17-00892)

Gerald Zuckerman, Croton-on-Hudson, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Christine DiSalvo and William C. Milaccio of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered June 21, 2018, convicting him of criminal possession of a weapon in the second degree, 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 Sanders, 25 NY3d 337, 339-342; People v Lopez, 6 NY3d 248, 256-257). The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Hidalgo, 91 NY2d 733).

RIVERA, J.P., MALTESE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Hernandez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 11, 2020
2020 N.Y. Slip Op. 1639 (N.Y. App. Div. 2020)
Case details for

People v. Hernandez

Case Details

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

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

Date published: Mar 11, 2020

Citations

2020 N.Y. Slip Op. 1639 (N.Y. App. Div. 2020)