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People v. Torres

Supreme Court, Appellate Division, Second Department, New York.
Apr 16, 2014
116 A.D.3d 889 (N.Y. App. Div. 2014)

Opinion

2014-04-16

The PEOPLE, etc., respondent, v. Henry TORRES, appellant.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant, and appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.


James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant, and appellant pro se. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered January 3, 2012, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive ( see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Edmunson, 109 A.D.3d 621, 970 N.Y.S.2d 635;cf. People v. Nugent, 109 A.D.3d 625, 970 N.Y.S.2d 634).

The defendant's remaining contention, raised in his pro se supplemental brief, that his indictment was jurisdictionally defective, is without merit ( see People v. Jones, 22 N.Y.3d 53, 57–58, 977 N.Y.S.2d 739, 999 N.E.2d 1184;see generally People v. Rossborough, 101 A.D.3d 1775, 956 N.Y.S.2d 389). BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.


Summaries of

People v. Torres

Supreme Court, Appellate Division, Second Department, New York.
Apr 16, 2014
116 A.D.3d 889 (N.Y. App. Div. 2014)
Case details for

People v. Torres

Case Details

Full title:The PEOPLE, etc., respondent, v. Henry TORRES, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 16, 2014

Citations

116 A.D.3d 889 (N.Y. App. Div. 2014)
2014 N.Y. Slip Op. 2620
983 N.Y.S.2d 444