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People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 13, 2019
169 A.D.3d 817 (N.Y. App. Div. 2019)

Opinion

2016–08064 S.C.I. No. 1405/16

02-13-2019

The PEOPLE, etc., Respondent, v. Michael BROWN, Appellant.

Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

JOHN M. LEVENTHAL, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Dorothy Chin-Brandt, J.), imposed July 13, 2016, upon his plea of guilty, on the ground that the sentence imposed was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

LEVENTHAL, J.P., AUSTIN, ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 13, 2019
169 A.D.3d 817 (N.Y. App. Div. 2019)
Case details for

People v. Brown

Case Details

Full title:The People of the State of New York, respondent, v. Michael Brown…

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

Date published: Feb 13, 2019

Citations

169 A.D.3d 817 (N.Y. App. Div. 2019)
92 N.Y.S.3d 661
2019 N.Y. Slip Op. 1087