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People v. Alexis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 22, 2019
172 A.D.3d 1223 (N.Y. App. Div. 2019)

Opinion

2016–02142 Ind. No. 2420/14

05-22-2019

The PEOPLE, etc., Respondent, v. James ALEXIS, Appellant.

Paul Skip Laisure, New York, N.Y. (A. Alexander Donn of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Eleanor Reilly on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (A. Alexander Donn of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Eleanor Reilly on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Robert A. Schwartz, J.), imposed February 17, 2016, upon his plea of guilty, on the ground that the sentence was excessive.ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Espejo, 145 A.D.3d 1031, 42 N.Y.S.3d 862 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Espejo, 145 A.D.3d at 1031, 42 N.Y.S.3d 862 ).

BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.


Summaries of

People v. Alexis

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 22, 2019
172 A.D.3d 1223 (N.Y. App. Div. 2019)
Case details for

People v. Alexis

Case Details

Full title:The People of the State of New York, respondent, v. James Alexis…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: May 22, 2019

Citations

172 A.D.3d 1223 (N.Y. App. Div. 2019)
172 A.D.3d 1223
2019 N.Y. Slip Op. 3982