People v. Marrero, 128 A.D.3d 1229 (N.Y. App. Div. 2015). · Go Syfert
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People v. Marrero, 128 A.D.3d 1229 (N.Y. App. Div. 2015). Cases Citing This Book View Copy Cite
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cited 4× by 1 distinct case · …in every case containing allegations that the defendant is a victim of domestic violence, regardless of whether a hearing was requested at p. 1230 ⚠ not in text
10 citation events (10 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Tenace (nyappdiv, 2025-10-09)
Treatment trajectory · 2021 → 2026 · click a year to view as-of
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Top citers, strongest first. 2 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Tenace (8×) also: Cited "see"
N.Y. App. Div. · 2025 · confidence medium
Likewise, the defense never raised this issue prior to or at the plea proceedings, and defendant agreed to plead guilty with the understanding that he would receive the negotiated sentence ( see [*3] People v Smalls , 128 AD3d at 1230; compare People v Hudson , 232 AD3d at 203).
discussed Cited "see, e.g." People v. Hudson
N.Y. App. Div. · 2024 · signal: see also · confidence medium
A defendant wishing to avail himself or herself of the possibility of a reduced sentence must instead request a DVSJA hearing to determine his or her eligibility before the sentencing court ( see People v Addimando , 197 AD3d at 112 [the evidentiary burden of demonstrating the existence of the enumerated factors at a hearing is "borne by the defendant, as the movant"]; see also People v Smalls , 128 AD3d at 1230 [finding that a defendant who fails to request a DVSJA hearing before a sentencing court may not obtain appellate review of the issue of whether he or she should have been sentenced pu…
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The People of the State of New York, Respondent,
v.
Jorge Marrero, Appellant
106185.
Appellate Division of the Supreme Court of the State of New York.
May 21, 2015.
128 A.D.3d 1229
Published

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered August 15, 2013, convicting defendant upon his plea of guilty of the crime of assault in the first degree.

Defendant was charged in an indictment with numerous crimes following an incident in which he shot his girlfriend in the face at close range causing her serious injuries and rendering her blind in both eyes. In full satisfaction of the indictment, he pleaded guilty to assault in the first degree and waived his right to appeal. In accord with the plea agreement, he was sentenced to 18 years in prison to be followed by five years of postrelease supervision. He now appeals.

Defendant’s sole claim is that his sentence is harsh and excessive. However, given defendant’s valid waiver of the right to appeal, we are precluded from considering it (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 125 AD3d 1049, 1049 [2015]). We therefore affirm the judgment of conviction.

Peters, P.J., Lahtinen, Garry and Rose, JJ., concur. Ordered that the judgment is affirmed.