People v. Boney

Full title: The People of the State of New York, respondent, v. Keith Boney, appellant.

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

Date published: Jul 29, 2015

2015 N.Y. Slip Op. 6356 (N.Y. App. Div. 2015)

Opinion

2012-10302

07-29-2015

The People of the State of New York, respondent, v. Keith Boney, appellant.

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant, and appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, Sholom J. Twersky, and Terrence F. Heller of counsel; Robert Ho on the memorandum), for respondent.

RANDALL T. ENG, P.J.

PETER B. SKELOS

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ. (Ind. No. 2425/12)

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant, and appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Morgan J. Dennehy, Sholom J. Twersky, and Terrence F. Heller of counsel; Robert Ho on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion and brief, from a sentence of the Supreme Court, Kings County (Parker, J.), imposed October 17, 2012, upon his plea of guilty, 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 Lopez, 6 NY3d 248, 255; People v Brown, 122 AD3d 133, 144-145; People v Jones, 118 AD3d 1026, 1027) and those contentions raised in his pro se supplemental brief (see People v Huggins, 105 AD3d 760, 761; People v Devodier, 102 AD3d 884, 884; see generally People v Bradshaw, 18 NY3d 257, 264-267).

ENG, P.J., SKELOS, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court