State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: May 21, 2015 106185
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THE PEOPLE OF THE STATE OF
NEW YORK,
Respondent,
v MEMORANDUM AND ORDER
JORGE MARRERO,
Appellant.
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Calendar Date: March 31, 2015
Before: Peters, P.J., Lahtinen, Garry and Rose, JJ.
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Andrew Kossover, Public Defender, Kingston (Michael K.
Gould of counsel), for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan
Gudesblatt Lamb of counsel), for respondent.
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Appeal from a judgment of the County Court of Ulster County
(Williams, J.), rendered August 15, 2013, convicting defendant
upon his plea of guilty of the crime of assault in the first
degree.
Defendant was charged in an indictment with numerous crimes
following an incident in which he shot his girlfriend in the face
at close range causing her serious injuries and rendering her
blind in both eyes. In full satisfaction of the indictment, he
pleaded guilty to assault in the first degree and waived his
right to appeal. In accord with the plea agreement, he was
sentenced to 18 years in prison to be followed by five years of
postrelease supervision. He now appeals.
-2- 106185
Defendant's sole claim is that his sentence is harsh and
excessive. However, given defendant's valid waiver of the right
to appeal, we are precluded from considering it (see People v
Lopez, 6 NY3d 248, 256 [2006]; People v Brown, 125 AD3d 1049,
1049 [2015]). We therefore affirm the judgment of conviction.
Peters, P.J., Lahtinen, Garry and Rose, JJ., concur.
ORDERED that the judgment is affirmed.
ENTER:
Robert D. Mayberger
Clerk of the Court