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People v. Robinson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 19, 2018
167 A.D.3d 942 (N.Y. App. Div. 2018)

Opinion

2017–05142 Ind.No. 1395/15

12-19-2018

The PEOPLE, etc., Respondent, v. Matthew ROBINSON, Also Known as Matt Milly, Also Known as Millz, Appellant.

Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Eleanor Reilly on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Eleanor Reilly on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry A. Schwartz, J.), imposed February 16, 2017, 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, his waiver of the right to appeal was knowing, voluntary, and intelligent (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Espejo, 145 A.D.3d 1031, 42 N.Y.S.3d 862 ). 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. Palladino, 140 A.D.3d 1194, 1195, 33 N.Y.S.3d 469 ; People v. Magnotta, 137 A.D.3d 1303, 1303, 27 N.Y.S.3d 403 ).

RIVERA, J.P., SGROI, HINDS–RADIX and CHRISTOPHER, JJ., concur.


Summaries of

People v. Robinson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 19, 2018
167 A.D.3d 942 (N.Y. App. Div. 2018)
Case details for

People v. Robinson

Case Details

Full title:The People of the State of New York, respondent, v. Matthew Robinson, also…

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

Date published: Dec 19, 2018

Citations

167 A.D.3d 942 (N.Y. App. Div. 2018)
167 A.D.3d 942
2018 N.Y. Slip Op. 8693

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