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People v. Harding

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 27, 2019
177 A.D.3d 1001 (N.Y. App. Div. 2019)

Opinion

2017–09873 2017–09874 Ind.No. 49/17, S.C.I. No. 90105/17

11-27-2019

The PEOPLE, etc., respondent, v. Kevin HARDING, appellant.

Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Richmond County (Stephen J. Rooney, J.), both imposed August 2, 2017, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are 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, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Harding

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 27, 2019
177 A.D.3d 1001 (N.Y. App. Div. 2019)
Case details for

People v. Harding

Case Details

Full title:The People of the State of New York, respondent, v. Kevin Harding…

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

Date published: Nov 27, 2019

Citations

177 A.D.3d 1001 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 8581
111 N.Y.S.3d 188