People v. Arias
| Decision Date | 21 November 2012 |
| Citation | 953 N.Y.S.2d 892,2012 N.Y. Slip Op. 08022,100 A.D.3d 914 |
| Parties | The PEOPLE, etc., respondent, v. Luis ARIAS, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Neal D. Futerfas, White Plains, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Steven A. Bender, and Richard Longworth Hecht of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cacace, J.), rendered October 12, 2010, convicting him of course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his claim that the agreed-upon sentence, which was in fact imposed, was excessive ( see People v. Lopez, 6 N.Y.3d 248, 255, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Callahan, 80 N.Y.2d 273, 281, 590 N.Y.S.2d 46, 604 N.E.2d 108;People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022;People v. Hawthorne, 85 A.D.3d 819, 924 N.Y.S.2d 822;People v. Benitez, 84 A.D.3d 826, 827, 922 N.Y.S.2d 797).
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...Appellate Division, Second Department, has been repeatedly upheld by this Court as resulting in a valid waiver ( see People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714; People v. Brown, 78 A.D.3d 723, 909 N.Y.S.2d 662; People v. Ramos, 77 ......
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