People v. Brown

Full title: The People of the State of New York, respondent, v. Moses Brown, appellant.

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

Date published: Jan 25, 2017

2017 N.Y. Slip Op. 478 (N.Y. App. Div. 2017)

Opinion

2014-08102

01-25-2017

The People of the State of New York, respondent, v. Moses Brown, appellant.

Lynn W. L. Fahey, New York, NY (Erica Horwitz of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Jenna Tersteegen on the memorandum), for respondent.

RANDALL T. ENG, P.J.

MARK C. DILLON SANDRA L. SGROI ROBERT J. MILLER VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 956/12)

Lynn W. L. Fahey, New York, NY (Erica Horwitz of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Jenna Tersteegen on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Donnelly, J.), imposed September 11, 2013, 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 Sanders, 25 NY3d 337; People v Bradshaw, 18 NY3d 257, 264-267; People v Lopez, 6 NY3d 248, 255; People v Marshall, 143 AD3d 842; People v Redd, 142 AD3d 1186).

ENG, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court