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People v. Martin

Supreme Court of New York, Second Department
Nov 13, 2024
2024 N.Y. Slip Op. 5567 (N.Y. App. Div. 2024)

Opinion

No. 2022-08168 Ind. No. 2135/20

11-13-2024

The People of the State of New York, respondent, v. Hugh Martin, appellant.

Patricia Pazner, New York, NY (Denise A. Corsi of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Michael Bierce of counsel), for respondent.


Patricia Pazner, New York, NY (Denise A. Corsi of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Michael Bierce of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., PAUL WOOTEN, LOURDES M. VENTURA, LAURENCE L. LOVE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miriam Cyrulnik, J.), rendered September 21, 2022, convicting him of criminal possession of a firearm, 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 Thomas, 34 N.Y.3d 545; People v Lopez, 6 N.Y.3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that charging him with and convicting him of criminal possession of a firearm (Penal Law § 265.01-b[1]), a felony, rather than criminal possession of a weapon in the fourth degree (id. § 265.01[1]), a misdemeanor, deprived him of his rights to due process of law and equal protection of the laws and violated the rule of lenity (see People v Lopez, 6 N.Y.3d at 255; People v Chavez, 176 A.D.3d 734).

CHAMBERS, J.P., WOOTEN, VENTURA and LOVE, JJ., concur.


Summaries of

People v. Martin

Supreme Court of New York, Second Department
Nov 13, 2024
2024 N.Y. Slip Op. 5567 (N.Y. App. Div. 2024)
Case details for

People v. Martin

Case Details

Full title:The People of the State of New York, respondent, v. Hugh Martin, appellant.

Court:Supreme Court of New York, Second Department

Date published: Nov 13, 2024

Citations

2024 N.Y. Slip Op. 5567 (N.Y. App. Div. 2024)