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The People of the State of New York v. Jose Martinez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


November 9, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
JOSE MARTINEZ, ALSO KNOWN AS "GORDO,"
DEFENDANT-APPELLANT. (APPEAL NO. 1.)

Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered March 24, 2009.

People v Martinez

Appellate Division, Fourth 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.

Released on November 9, 2012

PRESENT: SCUDDER, P.J., SMITH, FAHEY, CARNI, AND VALENTINO, JJ.

The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from three judgments convicting him upon his plea of guilty of, respectively, attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), criminal possession of a weapon in the second degree (§ 265.03 [1] [b]), and assault in the second degree (§ 120.05 [2]). We note that the plea was entered in satisfaction of three separate indictments. Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256), and the valid waiver forecloses his challenge to the severity of the sentence in each appeal (see id. at 255). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court

20121109

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