Opinion
2014–00539 2014–07718 Ind. No. 5175/12
06-12-2019
The PEOPLE, etc., Respondent, v. Nnaemeka ODIARI, Appellant.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant. Zachary W. Carter, Corporation Counsel, New York, N.Y. (Claude S. Platton and Barbara Graves–Poller of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.
Zachary W. Carter, Corporation Counsel, New York, N.Y. (Claude S. Platton and Barbara Graves–Poller of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the appeal from the sentence is dismissed, as that sentence was superseded by the amended sentence; and it is further,
ORDERED that the amended sentence is affirmed.
The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the period of postrelease supervision imposed was excessive (see People v. Lopez , 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Woodson , 165 A.D.3d 986, 986, 83 N.Y.S.3d 915 ; People v. Cooper , 155 A.D.3d 766, 766, 63 N.Y.S.3d 251 ).
DILLON, J.P., AUSTIN, ROMAN, MALTESE and CHRISTOPHER, JJ., concur.