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People v. Carrera

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 25, 2020
188 A.D.3d 1247 (N.Y. App. Div. 2020)

Opinion

2019-07226 Ind. No. 18-00503

11-25-2020

The PEOPLE, etc., Respondent, v. Rafael CARRERA, Appellant.

John R. Lewis, Sleepy Hollow, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Edward D. Saslaw of counsel), for respondent.


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

David M. Hoovler, District Attorney, Middletown, N.Y. (Edward D. Saslaw of counsel), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered May 28, 2019, convicting him of reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). 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. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Smith, 186 A.D.3d 872, 127 N.Y.S.3d 806 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Carrera

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 25, 2020
188 A.D.3d 1247 (N.Y. App. Div. 2020)
Case details for

People v. Carrera

Case Details

Full title:The People of the State of New York, respondent, v. Rafael Carrera…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Nov 25, 2020

Citations

188 A.D.3d 1247 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 7088
132 N.Y.S.3d 779

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