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2020 NY Slip Op 07589
N.Y. App. Div. 2nd
2020

The People of the State of New York, Respondent, v Angel Hernandez, Appellant.

2020 NY Slip Op 07589 [189 AD3d 1263]

Appellate Division, Second Department

December 16, 2020

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 3, 2021

Janet E. Sabel, New York, NY (Jose David Rodriguez Gonzalez of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Danielle S. Fenn of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Leslie Leach, J.), imposed October 27, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 340-342 [2015]; People v Pettiford, 187 AD3d 1062 [2020]) The defendant‘s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Monk, 186 AD3d 623, 624 [2020]) Mastro, J.P., Miller, Duffy, LaSalle and Wooten, JJ., concur.

Case Details

Case Name: People v Hernandez
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Dec 16, 2020
Citations: 2020 NY Slip Op 07589; 189 AD3d 1263; 2017-12794
Docket Number: 2017-12794
Court Abbreviation: N.Y. App. Div. 2nd
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