People v Mizhirumbay-Guaman

People v Mizhirumbay-Guaman 2013 NY Slip Op 05760 Decided on August 28, 2013 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 August 28, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2012-05190
(Ind. No. 10-00514)

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

v

Juan Mizhirumbay-Guaman, appellant.




James D. Licata, New City, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar
J. Yeger of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 15, 2011, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the Rockland County pre-printed form waiver of the right to appeal signed by the defendant contained erroneous statements with regard to the waiver of the right to appeal (see People v Edmunson,AD3d, 2013 NY Slip Op 05699 [2d Dept 2013]), the defendant's waiver of his right to appeal was valid (see id.; People v Pelaez, 100 AD3d 803, 804, lv denied 21 NY3d 945). Thus, review of the defendant's contention that the sentence imposed was excessive is precluded (see People v Bradshaw, 18 NY3d 257; People v Lopez, 6 NY3d 248, 255).
DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court