People v. Arias

Decision Date21 November 2012
Citation953 N.Y.S.2d 892,2012 N.Y. Slip Op. 08022,100 A.D.3d 914
PartiesThe PEOPLE, etc., respondent, v. Luis ARIAS, appellant.
CourtNew 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).

RIVERA, J.P., FLORIO, DICKERSON, LEVENTHAL and LOTT, JJ., concur.

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11 cases
  • People v. Sanders
    • United States
    • New York Supreme Court — Appellate Division
    • December 11, 2013
    ...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 ......
  • People v. Murphy
    • United States
    • New York Supreme Court — Appellate Division
    • February 5, 2014
    ...the defendant validly waived her right to appeal ( see People v. Gonzalez, 109 A.D.3d 1003, 1004, 971 N.Y.S.2d 479; People v. Arias, 100 A.D.3d 914, 915, 953 N.Y.S.2d 892; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714), her claim with respect to the voluntariness of the plea survives ......
  • People v. Haywood
    • United States
    • New York Supreme Court — Appellate Division
    • November 12, 2014
    ...(see People v. Sanders, 112 A.D.3d 748, 976 N.Y.S.2d 205, lv granted 22 N.Y.3d 1160, 984 N.Y.S.2d 644, 7 N.E.3d 1132 ; 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 ; cf. People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). However, ......
  • People v. Thomas
    • United States
    • New York Supreme Court — Appellate Division
    • May 3, 2017
    ...273, 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Seaberg, 74 N.Y.2d at 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Arias, 100 A.D.3d 914, 953 N.Y.S.2d 892 ; 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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