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People v. Mizhirumbay-Guaman

Supreme Court of New York, Second Department

August 28, 2013

The People of the State of New York, respondent,
v.
Juan Mizhirumbay-Guaman, appellant. Ind. No. 10-00514

James D. Licata, New City, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

MARK C. DILLON, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 15, 2011, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Although the Rockland County pre-printed form waiver of the right to appeal signed by the defendant contained erroneous statements with regard to the waiver of the right to appeal (see People v Edmunson, A.D.3d, 2013 NY Slip Op 05699 [2d Dept 2013]), the defendant's waiver of his right to appeal was valid (see id.; People v Pelaez, 100 A.D.3d 803, 804, lv denied 21 N.Y.3d 945). Thus, review of the defendant's contention that the sentence imposed was excessive is precluded (see People v Bradshaw, 18 N.Y.3d 257; People v Lopez, 6 N.Y.3d 248, 255).

DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.


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