People v. Vasquez

Mar 25, 2016
Versions:137 A.D.3d 1636
27 N.Y.S.3d 406

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [b]). Defendant was sentenced to a determinate term of incarceration of five years to be followed by 10 years of postrelease supervision. The valid waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]). In any event, we conclude that the sentence is not unduly harsh or severe.