| People v Hernandez |
| 2025 NY Slip Op 01948 [237 AD3d 745] |
| April 2, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Rafael A. Hernandez, Appellant. |
Margaret M. Walker, Poughkeepsie, NY (Seth J. Gallagher of counsel), for appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Jason Richland of counsel), for respondent.
Appeals by the defendant from two judgments of the County Court, Dutchess County (Jessica Segal, J.), both rendered June 20, 2023, convicting him of criminal possession of a controlled substance in the third degree under indictment No. 70718/22, and criminal possession of a firearm under Superior Court information No. 70305/23, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Victor, 235 AD3d 783 [2025]; People v Young, 225 AD3d 903 [2024]; People v Sutton, 184 AD3d 236, 245 [2020]; see also People v Williams, 227 AD3d 480, 481 [2024]). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v Lopez, 6 NY3d 248, 256 [2006]). Iannacci, J.P., Wooten, Dowling and Love, JJ., concur.