From Casetext: Smarter Legal Research

People v. Petrone

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 23, 2019
2019 N.Y. Slip Op. 471 (N.Y. App. Div. 2019)

Opinion

2016-07142

01-23-2019

The People of the State of New York, respondent, v. Joseph Petrone, appellant.

Paul Skip Laisure, New York, NY (Jonathan Schoepp-Wong of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Tatiana Galbrecht on the memorandum), for respondent.


LEONARD B. AUSTIN SHERI S. ROMAN JOSEPH J. MALTESE, JJ. (S.C.I. No. 2732/15)

Paul Skip Laisure, New York, NY (Jonathan Schoepp-Wong of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Tatiana Galbrecht on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gene Lopez, J.), imposed June 2, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bryant, 28 NY3d 1094, 1096; People v Sanders, 25 NY3d 337, 339-342; see also People v Roche, 106 AD3d 1328, 1329). 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 NY3d 248, 255).

DILLON, J.P., AUSTIN, ROMAN and MALTESE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Petrone

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jan 23, 2019
2019 N.Y. Slip Op. 471 (N.Y. App. Div. 2019)
Case details for

People v. Petrone

Case Details

Full title:The People of the State of New York, respondent, v. Joseph Petrone…

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

Date published: Jan 23, 2019

Citations

2019 N.Y. Slip Op. 471 (N.Y. App. Div. 2019)