From Casetext: Smarter Legal Research

People v. Calabrese

Supreme Court, Appellate Division, Second Department, New York.
Sep 13, 2017
153 A.D.3d 1268 (N.Y. App. Div. 2017)

Opinion

09-13-2017

The PEOPLE, etc., respondent, v. Ronald CALABRESE, appellant.

Lynn W.L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette M. Traill, and Merri Turk Lasky of counsel; Yuliya Shyrokonis on the memorandum), for respondent.


Lynn W.L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette M. Traill, and Merri Turk Lasky of counsel; Yuliya Shyrokonis on the memorandum), for respondent.

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Chin–Brandt, J., at pleas; Zaro, J., at sentences), both imposed February 10, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.ORDERED that the sentences are 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. English, 142 A.D.3d 1103, 37 N.Y.S.3d 712 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG, P.J., AUSTIN, ROMAN, HINDS–RADIX and DUFFY, JJ., concur.


Summaries of

People v. Calabrese

Supreme Court, Appellate Division, Second Department, New York.
Sep 13, 2017
153 A.D.3d 1268 (N.Y. App. Div. 2017)
Case details for

People v. Calabrese

Case Details

Full title:The PEOPLE, etc., respondent, v. Ronald CALABRESE, appellant.

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

Date published: Sep 13, 2017

Citations

153 A.D.3d 1268 (N.Y. App. Div. 2017)
59 N.Y.S.3d 704

Citing Cases

People v. Davis

Here, the Supreme Court's terse oral colloquy regarding the waiver of the right to appeal was insufficient,…