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113 AD3d 874
N.Y. App. Div. 2nd
2014

The People of the State of New York, Respondent, v Nestor Castro, Appellant.

Appellate Division, Second Department

January 29, 2014

2014 NY Slip Op 00527 [113 AD3d 874]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 5, 2014

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Kahn, J.), imposed February 4, 2011, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant‘s knowing, voluntary, and intelligent waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Hidalgo, 91 NY2d 733, 734 [1998]; People v Burton, 69 AD3d 644 [2010]; cf. People v Maracle, 19 NY3d 925 [2012]). Eng, P.J., Rivera, Chambers and Austin, JJ., concur.

Case Details

Case Name: People v Castro
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Jan 29, 2014
Citations: 113 AD3d 874; 2014 NY Slip Op 00527; 2011-02396
Docket Number: 2011-02396
Court Abbreviation: N.Y. App. Div. 2nd
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