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People v. Vasquez

137 A.D.3d 1636 Court N.Y. App. Div. Decision date 2016-03-25 English

Judges Present— Whalen, P.J., Centra, Peradotto, Carni and Scudder, JJ.

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p. 1636
The People of the State of New York, Respondent, v Benancio Vasquez, Appellant.
[27 NYS3d 406]

Appeal from a judgment of the Monroe County Court (James J. Piampiano, J.), rendered March 23, 2012. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree.

p. 1637
It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the second degree (Penal Law § 130.80 [1] [b]). Defendant was sentenced to a determinate term of incarceration of five years to be followed by 10 years of post-release supervision. The valid waiver by defendant of his right to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248 , 256 [2006]; People v Hidalgo, 91 NY2d 733 , 737 [1998]). In any event, we conclude that the sentence is not unduly harsh or severe.

Present— Whalen, P.J., Centra, Peradotto, Carni and Scudder, JJ.

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