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People v. Calabrese

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 13, 2017
2017 N.Y. Slip Op. 6448 (N.Y. App. Div. 2017)

Opinion

2016-02396 2016-02397

09-13-2017

The People of the State of New York, respondent, v. Ronald Calabrese, appellant.

Lynn W. L. Fahey, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette M. Traill, and Merri Turk Lasky of counsel; Yuliya Shyrokonis on the memorandum), for respondent.


LEONARD B. AUSTIN SHERI S. ROMAN SYLVIA O. HINDS-RADIX COLLEEN D. DUFFY, JJ. (S.C.I. Nos. 165/16, 166/16)

Lynn W. L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette M. Traill, and Merri Turk Lasky of counsel; Yuliya Shyrokonis on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Chin-Brandt, J., at pleas; Zaro, J., at sentences), both imposed February 10, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 339-342; People v English, 142 AD3d 1103; cf. People v Brown, 122 AD3d 133, 145-146). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentences imposed were excessive (see People v Lopez, 6 NY3d 248, 255-256).

ENG, P.J., AUSTIN, ROMAN, HINDS-RADIX and DUFFY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Calabrese

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 13, 2017
2017 N.Y. Slip Op. 6448 (N.Y. App. Div. 2017)
Case details for

People v. Calabrese

Case Details

Full title:The People of the State of New York, respondent, v. Ronald Calabrese…

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

Date published: Sep 13, 2017

Citations

2017 N.Y. Slip Op. 6448 (N.Y. App. Div. 2017)