People v. Gonzalez

• Decision Date: 06 March 2012
• Citation: 939 N.Y.S.2d 714,2012 N.Y. Slip Op. 01685,93 A.D.3d 679
• Parties: The PEOPLE, etc., respondent, v. Francisco GONZALEZ, appellant.
• Court: New York Supreme Court — Appellate Division

2012 N.Y. Slip Op. 01685

93 A.D.3d 679

939 N.Y.S.2d 714

The PEOPLE, etc., respondent,

v.Francisco GONZALEZ, appellant.

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

March 6, 2012.

Gary M. Gash, White Plains, N.Y., for appellant.

*715 Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Colangelo, J.), rendered June 14, 2010, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived the right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Moissett, 76 N.Y.2d 909, 910–911, 563 N.Y.S.2d 43, 564 N.E.2d 653; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022). Since the defendant was informed of the maximum sentence that could be imposed if he failed to comply with the conditions of his plea agreement, his general waiver of his right to appeal encompasses his claim that the enhanced sentence was excessive ( see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46; People v. White, 3 A.D.3d 543, 544, 770 N.Y.S.2d 630; People v. Brown, 272 A.D.2d 339, 714 N.Y.S.2d 681; People v. Monk, 270 A.D.2d 433, 705 N.Y.S.2d 257; People v. Miles, 268 A.D.2d 489, 703 N.Y.S.2d 491).

DILLON, J.P., BALKIN, BELEN and AUSTIN, JJ., concur.