People v. Hemion, 37 A.D.3d 616 (N.Y. App. Div. 2d Dep't 2007). · Go Syfert
People v. Hemion, 37 A.D.3d 616 (N.Y. App. Div. 2d Dep't 2007). Cases Citing This Book View Copy Cite
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At page 616 Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 11, 2006, convicting him of operating a motor vehicle…2 citing casesopening of page *616 (no citing court says what it cites this page for)
  • People v. Sulaiman, 134 A.D.3d 860 (N.Y. App. Div. 2d Dep't 2015).published
    The record as a whole reveals that the defendant received meaningful representation (see People v Jermain, 56 AD3d 1165 [2008]; People v Ferrer, 16 AD3d 913, 914-915 [2005]; see generally People v Colon, 61 AD3d 772, 773 [2009]), and that…
  • People v. Coleman, 45 A.D.3d 695 (N.Y. App. Div. 2d Dep't 2007).published
    The defendant’s contention that his plea of guilty was not knowingly, voluntarily, and intelligently made is unpreserved for appellate review (see People v Clarke, 93 NY2d 904, 906 [1999]; People v Pellegrino, 60 NY2d 636, 637 [1983]; Peop…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Dennis Hemion
Appellate Division of the Supreme Court of the State of New York.
Feb 13, 2007.
Published opinion
37 A.D.3d 616
Cited by 2 opinions  |  Published

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered April 11, 2006, convicting him of operating a motor vehicle while under the influence of alcohol, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the plea was not knowing, intelligent, and voluntary is unpreserved for appellate review[*617] since he did not move to withdraw his plea on this ground (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Pellegrino, 60 NY2d 636, 637 [1983]; People v Velazquez, 21 AD3d 388 [2005]).

The defendant’s valid and unrestricted written waiver of the right to appeal, as part of his plea agreement, precludes appellate review of his claim that the sentence imposed was excessive (see People v Ramos, 21 AD3d 1125 [2005], affd 7 NY3d 737 [2006]; cf. People v Seaberg, 74 NY2d 1, 9 [1989]). Rivera, J.P., Spolzino, Fisher, Lifson and Dickerson, JJ., concur.