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People v. Rivera

Supreme Court, Appellate Division, Second Department, New York.
Jul 11, 2012
97 A.D.3d 704 (N.Y. App. Div. 2012)

Summary

finding defendant's valid appeal waiver precluded appellate review of claim that his sentence was excessive

Summary of this case from Persaud v. Kirkpatrick

Opinion

2012-07-11

The PEOPLE, etc., respondent, v. Christopher RIVERA, appellant.

Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Daniel Bresnahan, and Tina Grillo of counsel), for respondent.


Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Daniel Bresnahan, and Tina Grillo of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Cooperman, J.), imposed June 24, 2009, 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 claim that his sentence was excessive ( see People v. Lopez, 6 N.Y.3d 248, 258, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

MASTRO, A.P.J., ANGIOLILLO, BELEN and AUSTIN, JJ., concur.


Summaries of

People v. Rivera

Supreme Court, Appellate Division, Second Department, New York.
Jul 11, 2012
97 A.D.3d 704 (N.Y. App. Div. 2012)

finding defendant's valid appeal waiver precluded appellate review of claim that his sentence was excessive

Summary of this case from Persaud v. Kirkpatrick
Case details for

People v. Rivera

Case Details

Full title:The PEOPLE, etc., respondent, v. Christopher RIVERA, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Jul 11, 2012

Citations

97 A.D.3d 704 (N.Y. App. Div. 2012)
2012 N.Y. Slip Op. 5557
947 N.Y.S.2d 897

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Persaud v. Kirkpatrick

See People v. Lopez, 6 N.Y.3d 248, 256 (2006); ("[W]hen a defendant enters into a guilty plea that includes a…