Opinion
2013-00770
10-29-2014
The People of the State of New York, respondent, v. Malcolm Morgan, appellant.
Gerald Zuckerman, Ossining, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer and Laurie Sapakoff of counsel; Elizabeth Marcus on the brief), for respondent.
THOMAS A. DICKERSON
JOSEPH J. MALTESE
HECTOR D. LASALLE, JJ. (Ind. No. 10-01280)
Gerald Zuckerman, Ossining, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Jennifer Spencer and Laurie Sapakoff of counsel; Elizabeth Marcus on the brief), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Westchester County (Molea, J.), imposed December 7, 2011, upon his conviction of attempted assault in the first degree, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255-256).
SKELOS, J.P., DICKERSON, MALTESE and LASALLE, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court