People v. Hawthorne
Decision Date | 07 June 2011 |
Citation | 2011 N.Y. Slip Op. 05094,924 N.Y.S.2d 822,85 A.D.3d 819 |
Parties | The PEOPLE, etc., respondent,v.Philip HAWTHORNE, appellant. |
Court | New York Supreme Court — Appellate Division |
85 A.D.3d 819
924 N.Y.S.2d 822
2011 N.Y. Slip Op. 05094
The PEOPLE, etc., respondent,
v.
Philip HAWTHORNE, appellant.
Supreme Court, Appellate Division, Second Department, New York.
June 7, 2011.
Lynn W.L. Fahey, New York, N.Y., for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Andrew Dykens on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin–Brandt, J., at plea; Margulis, J., at sentence), rendered April 7, 2009, convicting him of use of a child in a sexual performance, 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 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. Benitez, 84 A.D.3d 826, 922 N.Y.S.2d 797, 798).
DILLON, J.P., COVELLO, BALKIN, LOTT and ROMAN, JJ., concur.
To continue reading
Request your trial-
People v. Thomas
...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. 53 N.Y.S.3d 197Hawthorne, 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...
-
People v. Duah
...6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Foy, 89 A.D.3d 1103, 933 N.Y.S.2d 599; People v. Hawthorne, 85 A.D.3d 819, 924 N.Y.S.2d 822; People v. Sorino, 82 A.D.3d 911, 912, 918 N.Y.S.2d 348).RIVERA, J.P., ROMAN, SGROI and COHEN, JJ.,...
- People v. Ogando, 2016–11351
-
People v. Ringler
...of his contention that the sentence was excessive (see People v. Crews, 92 A.D.3d 795, 796, 938 N.Y.S.2d 475 ; People v. Hawthorne, 85 A.D.3d 819, 924 N.Y.S.2d 822 ). SCHEINKMAN, P.J., RIVERA, ROMAN and CHRISTOPHER, JJ.,...