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People v. Munoz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 18, 2017
2017 N.Y. Slip Op. 7278 (N.Y. App. Div. 2017)

Opinion

2015-11496

10-18-2017

The People of the State of New York, respondent, v. Rafael Munoz, appellant.

Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Walker Halstad on the memorandum), for respondent.


MARK C. DILLON ROBERT J. MILLER SYLVIA O. HINDS-RADIX ANGELA G. IANNACCI, JJ. (Ind. No. 8677/14)

Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Walker Halstad on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Williams, J.), imposed October 27, 2015, on the ground that the sentence is excessive.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal (see People v Sanders, 25 NY3d 337; People v Ramos, 7 NY3d 737), which included both an oral and a written waiver (see People v Bryant, 28 NY3d 1094; cf. People v Policastro, 142 AD3d 679), precludes appellate review of his contention that the sentence is excessive (see People v Seaberg, 74 NY2d 1, 9).

ENG, P.J., DILLON, MILLER, HINDS-RADIX and IANNACCI, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Munoz

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 18, 2017
2017 N.Y. Slip Op. 7278 (N.Y. App. Div. 2017)
Case details for

People v. Munoz

Case Details

Full title:The People of the State of New York, respondent, v. Rafael Munoz…

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

Date published: Oct 18, 2017

Citations

2017 N.Y. Slip Op. 7278 (N.Y. App. Div. 2017)