People v Torres

People v Torres 2014 NY Slip Op 02620 Decided on April 16, 2014 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 April 16, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RUTH C. BALKIN, J.P.
PLUMMER E. LOTT
SHERI S. ROMAN
ROBERT J. MILLER, JJ.
2012-00879
(Ind. No. 10-00216)

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

v

Henry Torres, appellant.




James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for
appellant, and appellant pro se.
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 January 3, 2012, convicting him of attempted criminal possession of a weapon 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 review of his contention that the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257; People v Lopez, 6 NY3d 248, 255; People v Edmunson, 109 AD3d 621; cf. People v Nugent, 109 AD3d 625).

The defendant's remaining contention, raised in his pro se supplemental brief, that his indictment was jurisdictionally defective, is without merit (see People v Jones, 22 NY3d 53, 57-58; see generally People v Rossborough, 101 AD3d 1775).
BALKIN, J.P., LOTT, ROMAN and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court