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People v. Othman

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 6, 2020
183 A.D.3d 666 (N.Y. App. Div. 2020)

Opinion

2016–08435 Ind. No. 3160/14

05-06-2020

The PEOPLE, etc., respondent, v. Alex OTHMAN, appellant.

Paul Skip Laisure, New York, N.Y. (Sarah Vendzules of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Marielle Burnett on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Sarah Vendzules of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Marielle Burnett on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (James P. Sullivan, J.), imposed on July 6, 2016, upon his plea of guilty, on the ground that the sentence imposed was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Batista, 167 A.D.3d 69, 81, 86 N.Y.S.3d 492 [Scheinkman, P.J., concurring] ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 261, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista, 167 A.D.3d at 78, 86 N.Y.S.3d 492 ).

BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.


Summaries of

People v. Othman

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 6, 2020
183 A.D.3d 666 (N.Y. App. Div. 2020)
Case details for

People v. Othman

Case Details

Full title:The People of the State of New York, respondent, v. Alex Othman, appellant.

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

Date published: May 6, 2020

Citations

183 A.D.3d 666 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 2677
121 N.Y.S.3d 618