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People v. Russell

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 737 (N.Y. App. Div. 2019)

Opinion

2017–13169 Ind. No. 5182/17

12-04-2019

The PEOPLE, etc., Respondent, v. Nathaniel RUSSELL, Appellant.

Paul Skip Laisure, New York, N.Y. (Charity L. Brady of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Peter N. Pearl of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Charity L. Brady of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Peter N. Pearl of counsel), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (John T. Hecht, J.), imposed November 2, 2017, 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, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hunt, 176 A.D.3d 739, 107 N.Y.S.3d 682 [2d Dept. 2019] ). 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 at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Russell

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Dec 4, 2019
178 A.D.3d 737 (N.Y. App. Div. 2019)
Case details for

People v. Russell

Case Details

Full title:The People of the State of New York, respondent, v. Nathaniel Russell…

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

Date published: Dec 4, 2019

Citations

178 A.D.3d 737 (N.Y. App. Div. 2019)
111 N.Y.S.3d 205
2019 N.Y. Slip Op. 8711