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People v. Allen

Supreme Court of New York, Second Department
Jun 7, 2023
2023 N.Y. Slip Op. 3012 (N.Y. App. Div. 2023)

Opinion

No. 2017-09169 Ind. No. 2181/15

06-07-2023

The People of the State of New York, respondent, v. Kenneth D. Allen, appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.


Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.

BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, JOSEPH J. MALTESE, WILLIAM G. FORD, BARRY E. WARHIT, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Timothy Mazzei, J.), imposed August 10, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 N.Y.3d 248, 256-257). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see id. at 255-256).

BARROS, J.P., BRATHWAITE NELSON, MALTESE, FORD and WARHIT, JJ., concur.


Summaries of

People v. Allen

Supreme Court of New York, Second Department
Jun 7, 2023
2023 N.Y. Slip Op. 3012 (N.Y. App. Div. 2023)
Case details for

People v. Allen

Case Details

Full title:The People of the State of New York, respondent, v. Kenneth D. Allen…

Court:Supreme Court of New York, Second Department

Date published: Jun 7, 2023

Citations

2023 N.Y. Slip Op. 3012 (N.Y. App. Div. 2023)