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People v. Munoz

Supreme Court, Appellate Division, Second Department, New York.
Oct 18, 2017
62 N.Y.S.3d 278 (N.Y. App. Div. 2017)

Opinion

10-18-2017

The PEOPLE, etc., 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.


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.

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 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ), which included both an oral and a written waiver (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; cf. People v. Policastro, 142 A.D.3d 679, 36 N.Y.S.3d 827 ), precludes appellate review of his contention that the sentence is excessive (see People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).

ENG, P.J., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.


Summaries of

People v. Munoz

Supreme Court, Appellate Division, Second Department, New York.
Oct 18, 2017
62 N.Y.S.3d 278 (N.Y. App. Div. 2017)
Case details for

People v. Munoz

Case Details

Full title:The PEOPLE, etc., respondent, v. Rafael MUNOZ, appellant.

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

Date published: Oct 18, 2017

Citations

62 N.Y.S.3d 278 (N.Y. App. Div. 2017)