People v DeLeon

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People v DeLeon 2012 NY Slip Op 06615 Decided on October 3, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 3, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
THOMAS A. DICKERSON
PLUMMER E. LOTT, JJ.
2011-03419
(Ind. No. 10-00143)

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

v

Frederick DeLeon, appellant.




James D. Licata, New City, N.Y. (Lois Cappelletti of counsel),
for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Carrie
A. Ciganek of counsel; Coleen A.
Fortes on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered November 17, 2010, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that his sentence was excessive (see People v Lopez, 6 NY3d 248, 255-256).
RIVERA, J.P., FLORIO, DICKERSON and LOTT, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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