From Casetext: Smarter Legal Research

People v. Hamilton

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 730 (N.Y. App. Div. 2019)

Opinion

2015–09103 Ind. No. 3728/14

12-04-2019

The PEOPLE, etc., Respondent, v. Shaquill HAMILTON, Appellant.

Paul Skip Laisure, New York, N.Y. (Anna Kou of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Ruby D. Andrade on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Anna Kou of counsel), for appellant.

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

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Elizabeth Foley, J.), imposed September 2, 2015, 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, 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. Lopez, 174 A.D.3d 544, 101 N.Y.S.3d 855 ; People v. Batista, 167 A.D.3d 69, 86 N.Y.S.3d 492 ). 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 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Hamilton

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 730 (N.Y. App. Div. 2019)
Case details for

People v. Hamilton

Case Details

Full title:The People of the State of New York, respondent, v. Shaquill Hamilton…

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

Date published: Dec 4, 2019

Citations

178 A.D.3d 730 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8698
111 N.Y.S.3d 206