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People v. Bragg

Supreme Court of New York, Second Department
Oct 11, 2023
220 A.D.3d 802 (N.Y. App. Div. 2023)

Opinion

No. 2022-02624 Ind. No. 91/21

10-11-2023

The People of the State of New York, respondent, v. Kirk Bragg, appellant.

Patricia Pazner, New York, NY (Sam Feldman of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the memorandum), for respondent.


Patricia Pazner, New York, NY (Sam Feldman of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the memorandum), for respondent.

MARK C. DILLON, J.P. LINDA CHRISTOPHER DEBORAH A. DOWLING CARL J. LANDICINO, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Karen Gopee, J.), imposed March 29, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545; People v Lopez, 6 N.Y.3d 248). The defendant's valid wavier of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 N.Y.3d at 255).

DILLON, J.P., CHRISTOPHER, DOWLING and LANDICINO, JJ., concur.


Summaries of

People v. Bragg

Supreme Court of New York, Second Department
Oct 11, 2023
220 A.D.3d 802 (N.Y. App. Div. 2023)
Case details for

People v. Bragg

Case Details

Full title:The People of the State of New York, respondent, v. Kirk Bragg, appellant.

Court:Supreme Court of New York, Second Department

Date published: Oct 11, 2023

Citations

220 A.D.3d 802 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5144
196 N.Y.S.3d 179