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People v. Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 27, 2017
2017 N.Y. Slip Op. 6670 (N.Y. App. Div. 2017)

Opinion

2016-02670

09-27-2017

The People of the State of New York, respondent, v. Tyrell D. Smith, appellant.

Laurette D. Mulry, Riverhead, NY (Lisa Marcoccia of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.


REINALDO E. RIVERA JEFFREY A. COHEN ROBERT J. MILLER HECTOR D. LASALLE, JJ. (Ind. No. 2405/15)

Laurette D. Mulry, Riverhead, NY (Lisa Marcoccia of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Condon, J.), imposed February 24, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v Sanders, 25 NY3d 337, 341-342; People v Lopez, 6 NY3d 248, 256-257; People v Aviles, 142 AD3d 671).

ENG, P.J., RIVERA, COHEN, MILLER and LASALLE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Smith

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Sep 27, 2017
2017 N.Y. Slip Op. 6670 (N.Y. App. Div. 2017)
Case details for

People v. Smith

Case Details

Full title:The People of the State of New York, respondent, v. Tyrell D. Smith…

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

Date published: Sep 27, 2017

Citations

2017 N.Y. Slip Op. 6670 (N.Y. App. Div. 2017)