People v. Coplin

Decision Date05 May 2021
Docket NumberInd. No. 842/18,2019–10998
Citation194 A.D.3d 739,143 N.Y.S.3d 557 (Mem)
Parties The PEOPLE, etc., respondent, v. Giovanni COPLIN, appellant.
CourtNew York Supreme Court — Appellate Division

Walter J. Storey, Goshen, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (Edward D. Saslaw of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (William L. DeProspo, J.), imposed August 21, 2019, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see id. at 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Carrera, 188 A.D.3d 1247, 132 N.Y.S.3d 779 ).

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

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4 cases
  • People v. Crumb
    • United States
    • New York Supreme Court — Appellate Division
    • May 5, 2021
  • People v. Chacon-Diaz
    • United States
    • New York Supreme Court — Appellate Division
    • March 9, 2022
    ...v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 199 A.D.3d 704, 704, 153 N.Y.S.3d 877 ; People v. Coplin, 194 A.D.3d 739, 143 N.Y.S.3d 557 ; People v. Carrera, 188 A.D.3d 1247, 132 N.Y.S.3d 779 ). The defendant's valid waiver of his right to appeal precludes ap......
  • People v. Johnson
    • United States
    • New York Supreme Court
    • November 10, 2021
    ...that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545, 564-565; People v Coplin, 194 A.D.3d 739, 739; People v Smith, 186 A.D.3d 872, 873). Thus, defendant's valid waiver of his right to appeal precludes appellate review of his cont......
  • People v. Chacon-Diaz
    • United States
    • New York Supreme Court
    • March 9, 2022
    ... ... Contrary ... to the defendant's contention, his waiver of the right to ... appeal was knowing, voluntary, and intelligent (see ... People v Thomas, 34 N.Y.3d 545; People v Lopez, ... 199 A.D.3d 704, 704; People v Coplin, 194 A.D.3d ... 739; People v Carrera, 188 A.D.3d 1247). 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 Sanders, 25 N.Y.3d 337; ... People v Lopez, 6 ... ...

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