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People v. Fuhrer

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 27, 2019
177 A.D.3d 999 (N.Y. App. Div. 2019)

Opinion

2017–11199

11-27-2019

The PEOPLE, etc., Respondent, v. Christopher D. FUHRER, Appellant. (S.C.I. No. 1938/17)

Janet E. Sabel, New York, N.Y. (Heidi Bota of counsel; John Clayton on the memorandum), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.


Janet E. Sabel, New York, N.Y. (Heidi Bota of counsel; John Clayton on the memorandum), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gia Morris, J.), imposed September 19, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Batista, 167 A.D.3d 69, 75, 86 N.Y.S.3d 492 ). 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, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Fuhrer

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 27, 2019
177 A.D.3d 999 (N.Y. App. Div. 2019)
Case details for

People v. Fuhrer

Case Details

Full title:The People of the State of New York, respondent, v. Christopher D. Fuhrer…

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

Date published: Nov 27, 2019

Citations

177 A.D.3d 999 (N.Y. App. Div. 2019)
177 A.D.3d 999
2019 N.Y. Slip Op. 8577