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People v. Diaz

Supreme Court, Appellate Division, Second Department, New York.
Nov 8, 2017
155 A.D.3d 766 (N.Y. App. Div. 2017)

Opinion

11-08-2017

The PEOPLE, etc., respondent, v. Luis F. DIAZ, appellant.

Paul Skip Laisure, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Max Lubin on the memorandum), for respondent.


Paul Skip Laisure, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Max Lubin on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Lopresto, J.), imposed November 13, 2014, as amended November 21, 2014, 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. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Boney, 130 A.D.3d 1057, 1057, 13 N.Y.S.3d 842 ).

ENG, P.J., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.


Summaries of

People v. Diaz

Supreme Court, Appellate Division, Second Department, New York.
Nov 8, 2017
155 A.D.3d 766 (N.Y. App. Div. 2017)
Case details for

People v. Diaz

Case Details

Full title:The PEOPLE, etc., respondent, v. Luis F. DIAZ, appellant.

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

Date published: Nov 8, 2017

Citations

155 A.D.3d 766 (N.Y. App. Div. 2017)
63 N.Y.S.3d 245