People v. PiParo

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID PiPARO, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 10, 1998

256 A.D.2d 91 (N.Y. App. Div. 1998)

680 N.Y.S.2d 850

Opinion

December 10, 1998

Appeal from the Supreme Court, Bronx County (Dominic Massaro, J., at plea; Harold Silverman, J., at sentence).

Defendant's waiver of his right to appeal was knowing, intelligent, and voluntary. The record establishes that defendant waived his right to appeal as a condition of the plea bargain ( see, People v. Aponte, 212 A.D.2d 157). Accordingly, review of defendant's challenge to his sentence on the ground of excessiveness is foreclosed ( People v. Hidalgo, 91 N.Y.2d 733). Moreover, were we to review the issue, we would find that the sentence is in no way excessive.

Concur — Lerner, P. J., Ellerin, Andrias and Saxe, JJ.