From Casetext: Smarter Legal Research

People v. Carter

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 16, 2019
168 A.D.3d 873 (N.Y. App. Div. 2019)

Opinion

2016–04543 Ind. No. 4304/15

01-16-2019

The PEOPLE, etc., Respondent, v. Don CARTER, Appellant.

Paul Skip Laisure, New York, N.Y. (Patricia Pazner of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Terrence F. Heller of counsel; Kyle Knox on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Patricia Pazner of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Terrence F. Heller of counsel; Kyle Knox on the memorandum), for respondent.

MARK C. DILLON, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). 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 ).

DILLON, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Carter

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 16, 2019
168 A.D.3d 873 (N.Y. App. Div. 2019)
Case details for

People v. Carter

Case Details

Full title:The People of the State of New York, respondent, v. Don Carter, appellant.

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

Date published: Jan 16, 2019

Citations

168 A.D.3d 873 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 298
89 N.Y.S.3d 917