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People v. Calinda

Supreme Court, Appellate Division, Second Department, New York.
Sep 28, 2016
142 A.D.3d 1183 (N.Y. App. Div. 2016)

Opinion

09-28-2016

The PEOPLE, etc., respondent, v. Eric CALINDA, appellant.

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


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

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

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Margulis, J.), imposed March 26, 2015, 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. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Stanley, 99 A.D.3d 955, 951 N.Y.S.2d 909 ).

ENG, P.J., LEVENTHAL, COHEN, LaSALLE and BARROS, JJ., concur.


Summaries of

People v. Calinda

Supreme Court, Appellate Division, Second Department, New York.
Sep 28, 2016
142 A.D.3d 1183 (N.Y. App. Div. 2016)
Case details for

People v. Calinda

Case Details

Full title:The PEOPLE, etc., respondent, v. Eric CALINDA, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Sep 28, 2016

Citations

142 A.D.3d 1183 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 6227
37 N.Y.S.3d 902

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