Opinion
2015-03586
09-28-2016
The People of the State of New York, respondent, v. Thierry Bastien, appellant.
Lynn W. L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Yuliya Shyrokonis on the memorandum), for respondent.
LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. (Ind. No. 1615/11)
Lynn W. L. Fahey, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Yuliya Shyrokonis on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Leach, J.), imposed April 28, 2015, upon his plea of guilty, after remittitur from this Court (see People v Bastien, 124 AD3d 907, 908), on the ground that the resentence was excessive.
ORDERED that the resentence is affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the resentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267; People v Lopez, 6 NY3d 248, 255).
ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court