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People v. Diaz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 9, 2019
176 A.D.3d 858 (N.Y. App. Div. 2019)

Opinion

2018–06572 Ind. No. 5501/17

10-09-2019

The PEOPLE, etc., Respondent, v. Nelson DIAZ, Appellant.

Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Sarah G. Pitts of counsel; Jared D. Michael on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Sarah G. Pitts of counsel; Jared D. Michael on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Suzanne M. Mondo, J.), imposed February 16, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see 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, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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., AUSTIN, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Diaz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 9, 2019
176 A.D.3d 858 (N.Y. App. Div. 2019)
Case details for

People v. Diaz

Case Details

Full title:The People of the State of New York, respondent, v. Nelson Diaz, appellant.

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

Date published: Oct 9, 2019

Citations

176 A.D.3d 858 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 7274
107 N.Y.S.3d 869