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People v. GonzalezPeople v. Gonzalez

Appellate Division of the Supreme Court of the State of New York
Mar 6, 2012
Versions:93 A.D.3d 679
939 N.Y.S.2d 714

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived the right to appeal (see People v Lopez, 6 NY3d 248 [2006]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76 NY2d 909, 910-911 [1990]; People v Seaberg, 74 NY2d 1, 11 [1989]). Since the defendant was informed of the maximum sentence that could be imposed if he failed to comply with the conditions of his plea agreement, his general waiver of his right to appeal encompasses his claim that the enhanced sentence was excessive (see People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v White, 3 AD3d 543, 544 [2004]; People v Brown, 272 AD2d 339 [2000]; People v Monk, 270 AD2d 433 [2000]; People v Miles, 268 AD2d 489 [2000]). Dillon, J.P., Balkin, Belen and Austin, JJ., concur.

Case Details

Case Name: People v. Gonzalez
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 6, 2012
Citations: 93 A.D.3d 679; 939 N.Y.S.2d 714
Court Abbreviation: N.Y. App. Div.
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