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People v. Edwin L.

Supreme Court, Appellate Division, Second Department, New York.
Aug 31, 2016
142 A.D.3d 718 (N.Y. App. Div. 2016)

Opinion

08-31-2016

The PEOPLE, etc., respondent, v. EDWIN L. (Anonymous), appellant.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel), for respondent.


Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Margulis, J), imposed August 10, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 144, 992 N.Y.S.2d 297 ). The defendant's valid appeal waiver precludes review of his excessive sentence claim (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG, P.J., HALL, COHEN, LaSALLE and CONNOLLY, JJ., concur.


Summaries of

People v. Edwin L.

Supreme Court, Appellate Division, Second Department, New York.
Aug 31, 2016
142 A.D.3d 718 (N.Y. App. Div. 2016)
Case details for

People v. Edwin L.

Case Details

Full title:The PEOPLE, etc., respondent, v. EDWIN L. (Anonymous), appellant.

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

Date published: Aug 31, 2016

Citations

142 A.D.3d 718 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 5931
36 N.Y.S.3d 920

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