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People v. Reich

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 869 (N.Y. App. Div. 2020)

Opinion

2018–12102 Ind. No. 16-00072

08-26-2020

The PEOPLE, etc., Respondent, v. Julius REICH, Appellant.

Law Offices of Joel B. Rudin, P.C., New York, N.Y. (Matthew A. Wasserman of counsel), for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.


Law Offices of Joel B. Rudin, P.C., New York, N.Y. (Matthew A. Wasserman of counsel), for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.

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

DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Westchester County (Barry E. Warhit, J.), imposed August 15, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ). 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, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

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


Summaries of

People v. Reich

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 26, 2020
186 A.D.3d 869 (N.Y. App. Div. 2020)
Case details for

People v. Reich

Case Details

Full title:The People of the State of New York, respondent, v. Julius Reich…

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

Date published: Aug 26, 2020

Citations

186 A.D.3d 869 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 4780
127 N.Y.S.3d 321