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People v. Day

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 25, 2020
181 A.D.3d 906 (N.Y. App. Div. 2020)

Opinion

2017–10273 Ind. No. 907/15

03-25-2020

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

Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Maria Torres on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Maria Torres on the memorandum), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Joanne Quinones, J.), imposed August 9, 2017, 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 appellate 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 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Day

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 25, 2020
181 A.D.3d 906 (N.Y. App. Div. 2020)
Case details for

People v. Day

Case Details

Full title:The People of the State of New York, respondent, v. Michael Day, appellant.

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

Date published: Mar 25, 2020

Citations

181 A.D.3d 906 (N.Y. App. Div. 2020)
181 A.D.3d 906
2020 N.Y. Slip Op. 2064

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