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People v. Brandon G.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 6, 2019
169 A.D.3d 714 (N.Y. App. Div. 2019)

Opinion

2016–11302 Ind.No. 5840/15

02-06-2019

The PEOPLE, etc., Respondent, v. BRANDON G. (Anonymous), Appellant.

Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (William Miller, J.), imposed October 6, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's knowing waiver of his right to appeal encompassed the right to seek a reduction in the sentence on the ground that the sentence imposed was harsh and excessive (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Eric P., 135 A.D.3d 882, 883, 23 N.Y.S.3d 379 ). The waiver precludes review of the defendant's contention that the sentence imposed was excessive.

BALKIN, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.


Summaries of

People v. Brandon G.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 6, 2019
169 A.D.3d 714 (N.Y. App. Div. 2019)
Case details for

People v. Brandon G.

Case Details

Full title:The People of the State of New York, respondent, v. Brandon G…

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

Date published: Feb 6, 2019

Citations

169 A.D.3d 714 (N.Y. App. Div. 2019)
169 A.D.3d 714
2019 N.Y. Slip Op. 900