From Casetext: Smarter Legal Research

People v. Briggs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 5, 2018
2018 N.Y. Slip Op. 5055 (N.Y. App. Div. 2018)

Opinion

2016–07899 2016–07900 Ind. No. 1422–15 S.C.I. No. 564–16

07-05-2018

The PEOPLE, etc., respondent, v. Willie BRIGGS, appellant.

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Timothy P. Finnerty of counsel), for respondent.


Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Timothy P. Finnerty of counsel), for respondent.

WILLIAM F. MASTRO, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, JOSEPH J. MALTESE, JJ.

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Suffolk County (John J. Toomey, Jr., J.), both rendered June 27, 2016, convicting him of driving while intoxicated (two counts) and failing to stay in a designated lane under Indictment No. 1422–15, and criminal possession of a controlled substance in the fourth degree under S.C.I. No. 564–16, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid appeal waiver precludes review of his excessive sentence claims (see People v. Edwin L., 142 A.D.3d 718, 36 N.Y.S.3d 920 ; People v. Conway, 140 A.D.3d 1185, 33 N.Y.S.3d 761 ).

MASTRO, J.P., CHAMBERS, SGROI and MALTESE, JJ., concur.


Summaries of

People v. Briggs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 5, 2018
2018 N.Y. Slip Op. 5055 (N.Y. App. Div. 2018)
Case details for

People v. Briggs

Case Details

Full title:The People of the State of New York, respondent, v. Willie Briggs…

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

Date published: Jul 5, 2018

Citations

2018 N.Y. Slip Op. 5055 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 5055

Citing Cases

People v. Erickson

ORDERED that the judgment is affirmed.The defendant's waiver of the right to appeal was valid and precludes…