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People v. Isiah M.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 6, 2019
177 A.D.3d 640 (N.Y. App. Div. 2019)

Opinion

2017-13345 Ind. No. 5916/16

11-06-2019

The PEOPLE, etc., Respondent, v. ISIAH M. (Anonymous), Appellant.

Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Julian Joiris of counsel; West Overstreet on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Julian Joiris of counsel; West Overstreet on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Dineen Riviezzo, J.), imposed October 16, 2017, 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 the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista, 167 A.D.3d 69, 74, 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 ).

BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.


Summaries of

People v. Isiah M.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 6, 2019
177 A.D.3d 640 (N.Y. App. Div. 2019)
Case details for

People v. Isiah M.

Case Details

Full title:The People of the State of New York, respondent, v. Isiah M. (Anonymous)…

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

Date published: Nov 6, 2019

Citations

177 A.D.3d 640 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 7909
109 N.Y.S.3d 870