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People v. Brown

Supreme Court, Appellate Division, Second Department, New York.
Jul 6, 2016
141 A.D.3d 535 (N.Y. App. Div. 2016)

Opinion

07-06-2016

The PEOPLE, etc., respondent, v. Eddie BROWN, appellant.

Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Olivia Vehslage on the memorandum), for respondent.


Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Olivia Vehslage on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Garnett, J.), imposed May 12, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed. The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Stanley, 99 A.D.3d 955, 951 N.Y.S.2d 909 ).

The defendant's contention that the Supreme Court improperly directed him to register under the Gun Offender Registration Act (Administrative Code of City of N.Y. § 10–601 et seq. ) may not be reviewed on this appeal because such registration is not “part of [the] defendant's sentence or subsumed within the judgment of conviction” (People v. Smith, 15 N.Y.3d 669, 673, 917 N.Y.S.2d 614, 942 N.E.2d 1039 ; see People v. King, 134 A.D.3d 546, 547, 20 N.Y.S.3d 536 ; People v. Rosa, 85 A.D.3d 587, 925 N.Y.S.2d 491 ).

ENG, P.J., CHAMBERS, AUSTIN, ROMAN and LaSALLE, JJ., concur.


Summaries of

People v. Brown

Supreme Court, Appellate Division, Second Department, New York.
Jul 6, 2016
141 A.D.3d 535 (N.Y. App. Div. 2016)
Case details for

People v. Brown

Case Details

Full title:The PEOPLE, etc., respondent, v. Eddie BROWN, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jul 6, 2016

Citations

141 A.D.3d 535 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 5382
33 N.Y.S.3d 910

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