People v. Serrano

Appellate Division of the Supreme Court of New York

People v. Serrano

2017 NY Slip Op 4209, 150 A.D.3d 602, 52 N.Y.S.3d 631

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

DecidedMay 25, 2017

Docket4110 397/14

StatusPublished

This text of 2017 NY Slip Op 4209 (People v. Serrano) 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. Serrano, 2017 NY Slip Op 4209, 150 A.D.3d 602, 52 N.Y.S.3d 631 (N.Y. Ct. App. 2017).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered May 15, 2015, as amended June 4, 2015, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

*603 Defendant made a valid waiver of his right to appeal (see People v Bryant, 28 NY3d 1094 [2016]), which forecloses review of his claim that his sentencing was procedurally deficient. Regardless of whether defendant made a valid waiver, defendant did not preserve his claim that the sentencing court should have asked him if he had opportunity to read the presentence report, if he had discussed it with counsel, and if he wanted to' challenge any facts stated in the report. Furthermore, we decline to review this claim in the interest of justice. As an alternative holding, we also reject it on the merits. The sentencing was conducted in full accordance with the Criminal Procedure Law, which provides a defendant with ample opportunity to refute a presentence report, and the court was under no obligation to import additional sentencing procedures from another jurisdiction.

Concur—Tom, J.P., Sweeny, Richter, Kapnick and Webber, JJ.

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Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered May 15, 2015, as amended June 4, 2015, convicting defendant, upon his plea of guilty, of attempted rape in the first degree, and sentencing him, as a second violent felony offender, to a term of seven years, unanimously affirmed.

*603 Defendant made a valid waiver of his right to appeal (see People v Bryant, 28 NY3d 1094 [2016]), which forecloses review of his claim that his sentencing was procedurally deficient. Regardless of whether defendant made a valid waiver, defendant did not preserve his claim that the sentencing court should have asked him if he had opportunity to read the presentence report, if he had discussed it with counsel, and if he wanted to' challenge any facts stated in the report. Furthermore, we decline to review this claim in the interest of justice. As an alternative holding, we also reject it on the merits. The sentencing was conducted in full accordance with the Criminal Procedure Law, which provides a defendant with ample opportunity to refute a presentence report, and the court was under no obligation to import additional sentencing procedures from another jurisdiction.

Concur—Tom, J.P., Sweeny, Richter, Kapnick and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 4209, 150 A.D.3d 602, 52 N.Y.S.3d 631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-serrano-nyappdiv-2017.

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