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People v. Rose

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 24, 2018
165 A.D.3d 1178 (N.Y. App. Div. 2018)

Opinion

2017–01058 Ind.No. 1379–15

10-24-2018

The PEOPLE, etc., respondent, v. Uriel A. ROSE, appellant.

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Elizabeth Miller of counsel), for respondent.


Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Elizabeth Miller of counsel), for respondent.

REINALDO E. RIVERA, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Richard Ambro, J.), imposed December 5, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Rooney, 163 A.D.3d 852, 77 N.Y.S.3d 307 ; People v. Brown, 161 A.D.3d 766, 72 N.Y.S.3d 832 ). 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, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Dietz, 152 A.D.3d 717, 55 N.Y.S.3d 904 ).

RIVERA, J.P., SGROI, HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Rose

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Oct 24, 2018
165 A.D.3d 1178 (N.Y. App. Div. 2018)
Case details for

People v. Rose

Case Details

Full title:The People of the State of New York, respondent, v. Uriel A. Rose…

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

Date published: Oct 24, 2018

Citations

165 A.D.3d 1178 (N.Y. App. Div. 2018)
2018 N.Y. Slip Op. 7156
84 N.Y.S.3d 373