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People v. Scott

Supreme Court, Appellate Division, Second Department, New York.
Jun 8, 2022
167 N.Y.S.3d 801 (N.Y. App. Div. 2022)

Opinion

2020-00623 Ind. No. 18-00446

06-08-2022

The PEOPLE, etc., respondent, v. Lloyd SCOTT, appellant.

Judith E. Permutt, Mount Vernon, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.


Judith E. Permutt, Mount Vernon, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

COLLEEN D. DUFFY, J.P., ANGELA G. IANNACCI, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Westchester County (Barry E. Warhit, J.), imposed December 6, 2019, 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. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Arce, 196 A.D.3d 696, 697, 148 N.Y.S.3d 687 ).

DUFFY, J.P., IANNACCI, MALTESE and GENOVESI, JJ., concur.


Summaries of

People v. Scott

Supreme Court, Appellate Division, Second Department, New York.
Jun 8, 2022
167 N.Y.S.3d 801 (N.Y. App. Div. 2022)
Case details for

People v. Scott

Case Details

Full title:The PEOPLE, etc., respondent, v. Lloyd SCOTT, appellant.

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

Date published: Jun 8, 2022

Citations

167 N.Y.S.3d 801 (N.Y. App. Div. 2022)

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