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People v. OquendoPeople v. Oquendo

Appellate Division of the Supreme Court of the State of New York
Mar 13, 2007
Versions:38 A.D.3d 686
830 N.Y.S.2d 665

Ordered that the judgments are affirmed.

The defendant‘s claim that his pleas were not knowing, voluntary, or intelligent is unpreserved for appellate review because the defendant did not move to withdraw his pleas before the court of first instance (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]). In any event, his pleas of guilty were knowingly, intelligently, and voluntarily entered (see People v Garcia, 92 NY2d 869, 871 [1998]; People v Harris, 61 NY2d 9, 17 [1983]).

The defendant‘s valid waiver of his right to appeal forecloses review of his claim that the sentences imposed are excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Patterson, 36 AD3d 832 [2007]).

The defendant‘s remaining contentions are without merit.

Mastro, J.P., Rivera, Dillon and Carni, JJ., concur.

Case Details

Case Name: People v. Oquendo
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Mar 13, 2007
Citations: 38 A.D.3d 686; 830 N.Y.S.2d 665
Court Abbreviation: N.Y. App. Div.
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