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People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 849 (N.Y. App. Div. 2020)

Opinion

2018–15135 Ind.No. 8267/17 8267/17

08-26-2020

The PEOPLE, etc., Respondent, v. Mark BROWN, Appellant.

Paul Skip Laisure, New York, N.Y. (Priya Raghavan of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Daniel Berman of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Priya Raghavan of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, and Daniel Berman of counsel), for respondent.

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

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Laura R. Johnson J.), imposed October 12, 2018, upon his plea of guilty, on the ground that the period of postrelease supervision imposed as part of the sentence was excessive. ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Batista, 167 A.D.3d 69, 74, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the period of postrelease supervision imposed as part of the sentence was excessive (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Caraballo, 184 A.D.3d 851, 124 N.Y.S.3d 242 ).

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


Summaries of

People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 849 (N.Y. App. Div. 2020)
Case details for

People v. Brown

Case Details

Full title:The People of the State of New York, respondent, v. Mark Brown, appellant.

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

Date published: Aug 26, 2020

Citations

186 A.D.3d 849 (N.Y. App. Div. 2020)
186 A.D.3d 849
2020 N.Y. Slip Op. 4756