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People v. Almonte

Supreme Court, Appellate Division, Second Department, New York.
Jan 30, 2013
102 A.D.3d 977 (N.Y. App. Div. 2013)

Opinion

2013-01-30

The PEOPLE, etc., respondent, v. Steven ALMONTE, appellant.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.


Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Condon, J.), imposed July 23, 2010, 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 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;People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Stanley, 99 A.D.3d 955, 951 N.Y.S.2d 909;cf. People v. Maracle, 19 N.Y.3d 925, 926, 950 N.Y.S.2d 498, 973 N.E.2d 1272).

ENG, P.J., RIVERA, LEVENTHAL and HALL, JJ., concur.


Summaries of

People v. Almonte

Supreme Court, Appellate Division, Second Department, New York.
Jan 30, 2013
102 A.D.3d 977 (N.Y. App. Div. 2013)
Case details for

People v. Almonte

Case Details

Full title:The PEOPLE, etc., respondent, v. Steven ALMONTE, appellant.

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

Date published: Jan 30, 2013

Citations

102 A.D.3d 977 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 498
958 N.Y.S.2d 600