PEOPLE v. ESPINO (2021)

Supreme Court, Appellate Term, New York,

The PEOPLE of the State of New York, Respondent, v. Jorge ESPINO, Defendant-Appellant.

570610 /13

Decided: September 16, 2021

PRESENT: Edmead, P.J., Brigantti, Hagler, JJ.

Appeal from order (Alexander M. Tisch, J.), entered May 7, 2013, dismissed, without costs.

The appeal must be dismissed because no appeal lies from an order entered on consent of the appellant (see CPLR 5511; People v Dennis, 64 AD3d 760 [2009]; People v Welch, 30 AD3d 392 [2006]). Even if this appeal were properly before us, defendant's contention that he should have received a downward departure is unpreserved (see People v Gillotti, 23 NY3d 841, 861 n 5 [2014]; People v Johnson, 130 AD3d 454 [2015], lv denied 26 NY3d 908 [2015]). In any event, we find no basis for such a departure.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur

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