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People v. Peaks

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 6, 2019
169 A.D.3d 718 (N.Y. App. Div. 2019)

Opinion

2015–09022 Ind.No. 7689/10

02-06-2019

The PEOPLE, etc., Respondent, v. Andrew PEAKS, Appellant.

Paul Skip Laisure, New York, N.Y. (Melissa S. Horlick of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Marielle Burnett on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Melissa S. Horlick of counsel), for appellant.

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

WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Alexander Jeong, J.), imposed August 26, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

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. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

MASTRO, J.P., MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Peaks

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 6, 2019
169 A.D.3d 718 (N.Y. App. Div. 2019)
Case details for

People v. Peaks

Case Details

Full title:The People of the State of New York, respondent, v. Andrew Peaks…

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

Date published: Feb 6, 2019

Citations

169 A.D.3d 718 (N.Y. App. Div. 2019)
91 N.Y.S.3d 709
2019 N.Y. Slip Op. 906