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People v. Lewis

Supreme Court, Appellate Division, Second Department, New York.
Oct 13, 2021
198 A.D.3d 816 (N.Y. App. Div. 2021)

Opinion

2018-01683, 2018-01684 Ind. Nos. 8157/15, 41/16

10-13-2021

The PEOPLE, etc., respondent, v. Michael LEWIS, appellant.

Patricia Pazner, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Gamaliel Marrero of counsel; Jong Hwa Ryu on the memorandum), for respondent.


Patricia Pazner, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Gamaliel Marrero of counsel; Jong Hwa Ryu on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., LINDA CHRISTOPHER, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Joanne D. Quin~ones, J.), both imposed September 25, 2017, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Gibbs, 183 A.D.3d 761, 121 N.Y.S.3d 660 ; People v. Howard, 178 A.D.3d 730, 111 N.Y.S.3d 208 ). 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 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.


Summaries of

People v. Lewis

Supreme Court, Appellate Division, Second Department, New York.
Oct 13, 2021
198 A.D.3d 816 (N.Y. App. Div. 2021)
Case details for

People v. Lewis

Case Details

Full title:The PEOPLE, etc., respondent, v. Michael LEWIS, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Oct 13, 2021

Citations

198 A.D.3d 816 (N.Y. App. Div. 2021)
152 N.Y.S.3d 613