Opinion
09-28-2016
The PEOPLE, etc., 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.
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.
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 A.D.3d 907, 908, 2 N.Y.S.3d 218 ), 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 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
ENG, P.J., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur.