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138 AD3d 763
N.Y. App. Div. 2nd
2016

The People of the State of New York, Respondent, v Frank Pinero, Appellant.

2016 NY Slip Op 02670 [138 AD3d 763]

Appellate Division, Second Department

April 6, 2016

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 1, 2016

Mark Diamond, New York, NY, for appellant.

Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered October 1, 2014, convicting him of criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant‘s waiver of his right to appeal was knowingly, voluntarily, and intelligently made (see People v Sanders, 25 NY3d 337 [2015]; People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256 [2006]). The defendant‘s valid waiver of his right to appeal forecloses appellate review of his challenge to the factual sufficiency of his plea allocution (see People v Towns, 135 AD3d 974 [2016]; People v Nash, 38 AD3d 684 [2007]).

The defendant‘s remaining contentions are without merit. Leventhal, J.P., Miller, Maltese and Duffy, JJ., concur.

Case Details

Case Name: People v Pinero
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Apr 6, 2016
Citations: 138 AD3d 763; 2016 NY Slip Op 02670; 2014-09105
Docket Number: 2014-09105
Court Abbreviation: N.Y. App. Div. 2nd
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