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People v. Muicela

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 17, 2018
165 A.D.3d 982 (N.Y. App. Div. 2018)

Opinion

2016–11030 Ind. No. 453–15

10-17-2018

The PEOPLE, etc., respondent, v. Louis MUICELA, appellant.

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

REINALDO E. RIVERA, J.P., ROBERT J. MILLER, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County (Fernando Camacho, J.), imposed December 15, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 341–342, 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 ). 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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., MILLER, BARROS and CONNOLLY, JJ., concur.


Summaries of

People v. Muicela

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 17, 2018
165 A.D.3d 982 (N.Y. App. Div. 2018)
Case details for

People v. Muicela

Case Details

Full title:The People of the State of New York, respondent, v. Louis Muicela…

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

Date published: Oct 17, 2018

Citations

165 A.D.3d 982 (N.Y. App. Div. 2018)
165 A.D.3d 982
2018 N.Y. Slip Op. 6943