People v. Vasquez

Appellate Division of the Supreme Court of New York

People v. Vasquez

137 A.D.3d 1636, 27 N.Y.S.3d 406

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

DecidedMarch 25, 2016

StatusPublished

This text of 137 A.D.3d 1636 (People v. Vasquez) 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. Vasquez, 137 A.D.3d 1636, 27 N.Y.S.3d 406 (N.Y. Ct. App. 2016).

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Opinion

Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered March 23, 2012. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree.

[1637]*1637It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [b]). Defendant was sentenced to a determinate term of incarceration of five years to be followed by 10 years of post-release supervision. The valid waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]). In any event, we conclude that the sentence is not unduly harsh or severe.

Present— Whalen, P.J., Centra, Peradotto, Carni and Scudder, JJ.

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Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered March 23, 2012. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree.

[1637]*1637It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [b]). Defendant was sentenced to a determinate term of incarceration of five years to be followed by 10 years of post-release supervision. The valid waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]). In any event, we conclude that the sentence is not unduly harsh or severe.

Present— Whalen, P.J., Centra, Peradotto, Carni and Scudder, JJ.

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Bluebook (online)

137 A.D.3d 1636, 27 N.Y.S.3d 406, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vasquez-nyappdiv-2016.

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