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People v. Alvarez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 30, 2019
2019 N.Y. Slip Op. 613 (N.Y. App. Div. 2019)

Opinion

2016-04023

01-30-2019

The People of the State of New York, respondent, v. Marco Alvarez, appellant.

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barrall of counsel; Robert Ho on the memorandum), for respondent.


LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 3997/15)

Paul Skip Laisure, New York, NY (Lynn W. L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barrall of counsel; Robert Ho on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Elizabeth Foley, J.), imposed March 28, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bryant, 28 NY3d 1094, 1096; People v Sanders, 25 NY3d 337, 339-342; People v Batista, 167 AD3d 69, 73-74; People v Brown, 161 AD3d 766). 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 Bradshaw, 18 NY3d 257, 265; People v Lopez, 6 NY3d 248, 255).

LEVENTHAL, J.P., AUSTIN, ROMAN, MALTESE and CONNOLLY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Alvarez

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 30, 2019
2019 N.Y. Slip Op. 613 (N.Y. App. Div. 2019)
Case details for

People v. Alvarez

Case Details

Full title:The People of the State of New York, respondent, v. Marco Alvarez…

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

Date published: Jan 30, 2019

Citations

2019 N.Y. Slip Op. 613 (N.Y. App. Div. 2019)