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People v. Jimenez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 2, 2019
176 A.D.3d 739 (N.Y. App. Div. 2019)

Opinion

2018–05158 2018–05159 Ind. Nos. 920/17, 4072/17

10-02-2019

The PEOPLE, etc., Respondent, v. Hector JIMENEZ, Appellant.

Janet E. Sabel, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Angelo Arrieta on the memorandum), for respondent.


Janet E. Sabel, New York, N.Y. (Harold V. Ferguson, Jr., of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Angelo Arrieta on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Suzanne M. Mondo, J.), both imposed March 15, 2018, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

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, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; 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 sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Jimenez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 2, 2019
176 A.D.3d 739 (N.Y. App. Div. 2019)
Case details for

People v. Jimenez

Case Details

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

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

Date published: Oct 2, 2019

Citations

176 A.D.3d 739 (N.Y. App. Div. 2019)
176 A.D.3d 739
2019 N.Y. Slip Op. 7091