Opinion
03-22-2017
The PEOPLE, etc., respondent, v. David RAMOS, appellant.
Lynn W.L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Jenna Tersteegen on the brief), for respondent.
Lynn W.L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Jenna Tersteegen on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered September 18, 2014, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Under the particular circumstances of this case, the defendant validly waived his right to appeal. This precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Persaud, 109 A.D.3d 626, 970 N.Y.S.2d 324 ; cf. People v. Bradshaw, 18 N.Y.3d 257, 265–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ), and also precludes the defendant from invoking this Court's interest of justice jurisdiction to obtain a reduced sentence (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Seaberg, 74 N.Y.2d at 9–10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).
CHAMBERS, J.P., ROMAN, LaSALLE and BARROS, JJ., concur.