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People v. Gorbunov

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 12, 2021
194 A.D.3d 839 (N.Y. App. Div. 2021)

Opinion

2019-08896

05-12-2021

The People of the State of New York, respondent, v. Roman S. Gorbunov, appellant.

Paul Skip Laisure, New York, NY, for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Nancy Fitzpatrick Talcott of counsel; Victoria Randall on the memorandum), for respondent.


LEONARD B. AUSTIN BETSY BARROS VALERIE BRATHWAITE NELSON LINDA CHRISTOPHER, JJ. (Ind. No. 815/17)

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

Melinda Katz, District Attorney, Kew Gardens, NY (Nancy Fitzpatrick Talcott of counsel; Victoria Randall on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Ira H. Margulis, J.), imposed July 9, 2019, 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, intelligently, and voluntarily waived his right to appeal (see People v Thomas, 34 NY3d 545, 564; People v Sanders, 25 NY3d 337, 340; People v Batista, 167 AD3d 69, 74). The defendant's valid waiver of his right to appeal forecloses appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255-256; People v Batista, 167 AD3d at 78).

DILLON, J.P., AUSTIN, BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Gorbunov

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 12, 2021
194 A.D.3d 839 (N.Y. App. Div. 2021)
Case details for

People v. Gorbunov

Case Details

Full title:The People of the State of New York, respondent, v. Roman S. Gorbunov…

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

Date published: May 12, 2021

Citations

194 A.D.3d 839 (N.Y. App. Div. 2021)
2021 N.Y. Slip Op. 3050
143 N.Y.S.3d 907