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People v. Gardner

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 726 (N.Y. App. Div. 2019)

Opinion

2017–13330 Ind. No. 4786/15

12-04-2019

The PEOPLE, etc., Respondent, v. Stephan GARDNER, Appellant.

Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Gamaliel Marrero, and Andrew Ayala of counsel), for respondent.


Paul Skip Laisure, New York, NY, for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Gamaliel Marrero, and Andrew Ayala of counsel), for respondent.

WILLIAM F. MASTRO, J.P., COLLEEN D. DUFFY, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth Foley, J., at plea; Martin Murphy, J., at sentence), rendered October 19, 2017, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the sentencing court improvidently denied his request for youthful offender treatment (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Glover, 173 A.D.3d 1201, 101 N.Y.S.3d 623 ; People v. Basurto–Lopez, 166 A.D.3d 643, 84 N.Y.S.3d 905 ; People v. Lafontant, 160 A.D.3d 662, 70 N.Y.S.3d 858 ).

MASTRO, J.P., DUFFY, BARROS and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Gardner

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 726 (N.Y. App. Div. 2019)
Case details for

People v. Gardner

Case Details

Full title:The People of the State of New York, respondent, v. Stephan Gardner…

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

Date published: Dec 4, 2019

Citations

178 A.D.3d 726 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8693
111 N.Y.S.3d 210