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People v. Fisher

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 31, 2019
174 A.D.3d 920 (N.Y. App. Div. 2019)

Opinion

2014–08263 Ind. No. 5874/13

07-31-2019

The PEOPLE, etc., Respondent, v. Joel FISHER, Appellant.

Paul Skip Laisure, New York, N.Y. (William Kastin of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Anna Arena on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (William Kastin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Anna Arena on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; 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 ).

BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.


Summaries of

People v. Fisher

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 31, 2019
174 A.D.3d 920 (N.Y. App. Div. 2019)
Case details for

People v. Fisher

Case Details

Full title:The People of the State of New York, respondent, v. Joel Fisher, appellant.

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

Date published: Jul 31, 2019

Citations

174 A.D.3d 920 (N.Y. App. Div. 2019)
103 N.Y.S.3d 829
2019 N.Y. Slip Op. 5996