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People v. Rooney

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 18, 2018
2018 N.Y. Slip Op. 5339 (N.Y. App. Div. 2018)

Opinion

2016–02674 Ind.No. 259–14

07-18-2018

The PEOPLE, etc., respondent, v. Matthew ROONEY, 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.

REINALDO E. RIVERA, J.P. SYLVIA O. HINDS–RADIX HECTOR D. LASALLE VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Suffolk County (Richard Ambro, J.), imposed February 18, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Dietz, 152 A.D.3d 717, 55 N.Y.S.3d 904 ).

RIVERA, J.P., HINDS–RADIX, LASALLE and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Rooney

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 18, 2018
2018 N.Y. Slip Op. 5339 (N.Y. App. Div. 2018)
Case details for

People v. Rooney

Case Details

Full title:The People of the State of New York, respondent, v. Matthew Rooney…

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

Date published: Jul 18, 2018

Citations

2018 N.Y. Slip Op. 5339 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 5339

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