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People v. McRaePeople v. McRae

Appellate Division of the Supreme Court of the State of New York
Dec 10, 2014
2012-05197
Versions:123 A.D.3d 848
996 N.Y.S.2d 531

Ordered that the sentence is affirmed.

The record of the plea proceeding demonstrates that the defendant received “[an] explanation of the nature of the right to appeal and the consequences of waiving that right” (People v Brown, 122 AD3d 133, 144 [2014]). Under the circumstances presented here, which include consideration of the defendant‘s individual characteristics, we conclude that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255 [2006]; People v Hidalgo, 91 NY2d 733, 735 [1998]). Accordingly, the defendant‘s valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Hardy, 120 AD3d 1358 [2014]; People v Arteev, 120 AD3d 1255 [2014]; People v Alexander, 104 AD3d 862, 862 [2013]). Eng, P.J., Balkin, Dickerson and Miller, JJ., concur.

Case Details

Case Name: People v. McRae
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 10, 2014
Citations: 123 A.D.3d 848; 996 N.Y.S.2d 531; 2012-05197
Docket Number: 2012-05197
Court Abbreviation: N.Y. App. Div.
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