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People v. Gibbs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 13, 2020
183 A.D.3d 761 (N.Y. App. Div. 2020)

Opinion

2018–11658 Ind.No. 3785/18

05-13-2020

The PEOPLE, etc., respondent, v. Jeremy GIBBS, appellant.

Paul Skip Laisure, New York, NY (Stephanie Sonsino of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M.Ross of counsel; Maria Torres on the memorandum), for respondent.


Paul Skip Laisure, New York, NY (Stephanie Sonsino of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M.Ross of counsel; Maria Torres on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS-RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Joanne Quinones, J.), imposed July 23, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Howard, 178 A.D.3d 730, 111 N.Y.S.3d 208 ; People v. King, 176 A.D.3d 1104, 108 N.Y.S.3d 901 ). 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 ).

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.


Summaries of

People v. Gibbs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 13, 2020
183 A.D.3d 761 (N.Y. App. Div. 2020)
Case details for

People v. Gibbs

Case Details

Full title:The People of the State of New York, respondent, v. Jeremy Gibbs…

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

Date published: May 13, 2020

Citations

183 A.D.3d 761 (N.Y. App. Div. 2020)
183 A.D.3d 761
2020 N.Y. Slip Op. 2808

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