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People v. Brunache

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 2, 2019
176 A.D.3d 730 (N.Y. App. Div. 2019)

Opinion

2018–02504 Ind. No. 3446/17

10-02-2019

The PEOPLE, etc., Respondent, v. Harvens BRUNACHE, Appellant.

Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Alexander Randazzo on the memorandum), for respondent.


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

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Alexander Randazzo on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, 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 January 3, 2018, upon his plea of guilty, on the ground that the sentence 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, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Davis, 174 A.D.3d 735, 102 N.Y.S.3d 470 ; People v. Mendoza, 173 A.D.3d 1217, 100 N.Y.S.3d 912 ; People v. Becerra, 171 A.D.3d 938, 95 N.Y.S.3d 892 ). The defendant's valid waiver 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 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Brunache

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 2, 2019
176 A.D.3d 730 (N.Y. App. Div. 2019)
Case details for

People v. Brunache

Case Details

Full title:The People of the State of New York, respondent, v. Harvens Brunache…

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

Date published: Oct 2, 2019

Citations

176 A.D.3d 730 (N.Y. App. Div. 2019)
176 A.D.3d 730
2019 N.Y. Slip Op. 7084

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