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People v. Garbutt

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 21, 2019
175 A.D.3d 552 (N.Y. App. Div. 2019)

Opinion

2017-13333 Ind. No. 4273/17

08-21-2019

The PEOPLE, etc., Respondent, v. Rudolph GARBUTT, Appellant.

Paul Skip Laisure, New York, N.Y. (Samuel Barr of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Ruby D. Andrade on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Samuel Barr of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Ruby D. Andrade on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, 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, Kings County (Vincent M. Del Giudice, J.), imposed October 18, 2017, upon his plea of guilty, on the ground that the period of postrelease supervision imposed as part of 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. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; 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 ; People v. Batista, 167 A.D.3d 69, 73, 86 N.Y.S.3d 492 ; People v. Sabo, 117 A.D.3d 1089, 986 N.Y.S.2d 232 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the period of postrelease supervision imposed as part of the sentence was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Garbutt

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 21, 2019
175 A.D.3d 552 (N.Y. App. Div. 2019)
Case details for

People v. Garbutt

Case Details

Full title:The People of the State of New York, respondent, v. Rudolph Garbutt…

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

Date published: Aug 21, 2019

Citations

175 A.D.3d 552 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 6161
104 N.Y.S.3d 900

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