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People v. Jean

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 10, 2018
165 A.D.3d 837 (N.Y. App. Div. 2018)

Opinion

2017–04405 Ind. No. 1200/16

10-10-2018

The PEOPLE, etc., respondent, v. Alain K. JEAN, also known as AJ, also known as Bullet, appellant.

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.


Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, SANDRA L. SGROI, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Timothy P. Mazzei, J.), rendered February 27, 2017, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment 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, 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 ). The defendant's valid waiver of the right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

SCHEINKMAN, P.J., BALKIN, SGROI and LASALLE, JJ., concur.


Summaries of

People v. Jean

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 10, 2018
165 A.D.3d 837 (N.Y. App. Div. 2018)
Case details for

People v. Jean

Case Details

Full title:The People of the State of New York, respondent, v. Alain K. Jean, also…

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

Date published: Oct 10, 2018

Citations

165 A.D.3d 837 (N.Y. App. Div. 2018)
165 A.D.3d 837
2018 N.Y. Slip Op. 6764