People v. Ocasio

2025 NY Slip Op 00674

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2025
• Docket: 2024-04650
• Status: Published

Opinion

People v Ocasio (2025 NY Slip Op 00674)

People v Ocasio

2025 NY Slip Op 00674

Decided on February 5, 2025

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 5, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
PAUL WOOTEN
WILLIAM G. FORD
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.

2024-04650

[*1]The People of the State of New York, respondent,

v

Elizec Ocasio, appellant. (S.C.I. No. 70016/24)

John R. Lewis, Sleepy Hollow, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Cynthia Dolan and Andrew R. Kass of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Victoria B. Campbell, J.), imposed April 24, 2024, 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, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248). 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 Lopez, 6 NY3d at 255-256).

CONNOLLY, J.P., WOOTEN, FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court