People v. Hernandez , 2020 NY Slip Op 07589 ( 2020 )

People v Hernandez (2020 NY Slip Op 07589)

People v Hernandez

2020 NY Slip Op 07589

Decided on December 16, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 16, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
ROBERT J. MILLER
COLLEEN D. DUFFY
HECTOR D. LASALLE
PAUL WOOTEN, JJ.

2017-12794
(Ind. No. 448/16)

[*1]The People of the State of New York, respondent,

v

Angel Hernandez, appellant.

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.

DECISION & ORDER

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; People v Pettiford, 187 AD3d 1062). 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).

MASTRO, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court