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People v. Gary Council

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 29, 2015
2015 N.Y. Slip Op. 6360 (N.Y. App. Div. 2015)

Opinion

2013-03841

07-29-2015

The People of the State of New York, respondent, v. Gary Council, appellant.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura Ross of counsel; Lorrie A. Zinno on the brief), for respondent.


WILLIAM F. MASTRO

L. PRISCILLA HALL

ROBERT J. MILLER

HECTOR D. LASALLE, JJ. (Ind. No. 443/12)

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Laura Ross of counsel; Lorrie A. Zinno on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Zayas, J.), imposed February 28, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267; People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 255; People v Stanley, 99 AD3d 955).

ENG, P.J., MASTRO, HALL, MILLER and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Gary Council

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 29, 2015
2015 N.Y. Slip Op. 6360 (N.Y. App. Div. 2015)
Case details for

People v. Gary Council

Case Details

Full title:The People of the State of New York, respondent, v. Gary Council…

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

Date published: Jul 29, 2015

Citations

2015 N.Y. Slip Op. 6360 (N.Y. App. Div. 2015)