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People v. Saunders

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 1, 2019
172 A.D.3d 756 (N.Y. App. Div. 2019)

Opinion

2017–02707 Ind. No. 5879/15

05-01-2019

The PEOPLE, etc., Respondent, v. Tori SAUNDERS, Appellant.

Paul Skip Laisure, New York, N.Y. (Anders Nelson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Anna Arena on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Anders Nelson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Anna Arena on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Ruth E. Shillingford, J.), imposed February 16, 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, intelligently, and voluntarily waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 1095–1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). 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 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Saunders

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
May 1, 2019
172 A.D.3d 756 (N.Y. App. Div. 2019)
Case details for

People v. Saunders

Case Details

Full title:The People of the State of New York, respondent, v. Tori Saunders…

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

Date published: May 1, 2019

Citations

172 A.D.3d 756 (N.Y. App. Div. 2019)
172 A.D.3d 756
2019 N.Y. Slip Op. 3376