People v. Marrero

Appellate Division of the Supreme Court of New York

People v. Marrero

128 A.D.3d 1229, 8 N.Y.S.3d 608

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 21, 2015

Docket106185

StatusPublished

This text of 128 A.D.3d 1229 (People v. Marrero) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Marrero, 128 A.D.3d 1229, 8 N.Y.S.3d 608 (N.Y. Ct. App. 2015).

Pincite

Opinion

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered August 15, 2013, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant was charged in an indictment with numerous crimes following an incident in which he shot his girlfriend in the face at close range causing her serious injuries and rendering her blind in both eyes. In full satisfaction of the indictment, he pleaded guilty to assault in the first degree and waived his right to appeal. In accord with the plea agreement, he was sentenced to 18 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant’s sole claim is that his sentence is harsh and excessive. However, given defendant’s valid waiver of the right to appeal, we are precluded from considering it (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 125 AD3d 1049, 1049 [2015]). We therefore affirm the judgment of conviction.

Peters, P.J., Lahtinen, Garry and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered August 15, 2013, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant was charged in an indictment with numerous crimes following an incident in which he shot his girlfriend in the face at close range causing her serious injuries and rendering her blind in both eyes. In full satisfaction of the indictment, he pleaded guilty to assault in the first degree and waived his right to appeal. In accord with the plea agreement, he was sentenced to 18 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant’s sole claim is that his sentence is harsh and excessive. However, given defendant’s valid waiver of the right to appeal, we are precluded from considering it (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 125 AD3d 1049, 1049 [2015]). We therefore affirm the judgment of conviction.

Peters, P.J., Lahtinen, Garry and Rose, JJ., concur. Ordered that the judgment is affirmed.

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Bluebook (online)

128 A.D.3d 1229, 8 N.Y.S.3d 608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marrero-nyappdiv-2015.

Opinion

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