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People v. Diaz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 1, 2019
172 A.D.3d 740 (N.Y. App. Div. 2019)

Opinion

2017–04807 Ind. No. 34/16

05-01-2019

The PEOPLE, etc., Respondent, v. Yeris DIAZ, Appellant.

Paul Skip Laisure, New York, N.Y. (Laura B. Indellicati of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Robert Ho on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Laura B. Indellicati of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Robert Ho on the memorandum), for respondent.

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Michael Gary, J.), imposed April 5, 2017, 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 appellate 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 ).

MASTRO, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Diaz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 1, 2019
172 A.D.3d 740 (N.Y. App. Div. 2019)
Case details for

People v. Diaz

Case Details

Full title:The People of the State of New York, respondent, v. Yeris Diaz, appellant…

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

Date published: May 1, 2019

Citations

172 A.D.3d 740 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 3358
97 N.Y.S.3d 507