People v. Benitez

• Citation: 922 N.Y.S.2d 797,84 A.D.3d 826,2011 N.Y. Slip Op. 03867
• Parties: The PEOPLE, etc., respondent,v.Robert BENITEZ, appellant.
• Decision Date: 03 May 2011
• Court: New York Supreme Court Appellate Division

84 A.D.3d 826

922 N.Y.S.2d 797

2011 N.Y. Slip Op. 03867

The PEOPLE, etc., respondent,

v.Robert BENITEZ, appellant.

Supreme Court, Appellate Division, Second Department, New York.

May 3, 2011.

OPINION TEXT STARTS HEREJohn P. Savoca, Yorktown Heights, N.Y., for appellant.Adam B. Levy, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Putnam County (Rooney, J.), rendered November 14, 2007, convicting him of course of sexual conduct against a child in the second degree and sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

By pleading guilty, the defendant forfeited his claim that he was deprived of his right to testify before the grand jury ( see People v. DeLuca, 45 A.D.3d 777, 847 N.Y.S.2d 198; People v. Standley, 269 A.D.2d 614, 615, 704 N.Y.S.2d 825).

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 255, 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. Timberlake, 82 A.D.3d 1134, 919 N.Y.S.2d 352; People v. Lewis, 73 A.D.3d 1212, 900 N.Y.S.2d 912).