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People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
Nov 15, 2017
63 N.Y.S.3d 697 (N.Y. App. Div. 2017)

Opinion

2016-01051, Ind. No. 110/14.

11-15-2017

The PEOPLE, etc., Respondent, v. Jatiek SMITH, Appellant.

David P. Greenberg, New York, NY, for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of Counsel), for respondent.


David P. Greenberg, New York, NY, for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of Counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rooney, J.), imposed December 23, 2015, 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 appellate review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Tusa, 142 A.D.3d 680, 36 N.Y.S.3d 829 ; People v. Veliz, 142 A.D.3d 630, 630, 36 N.Y.S.3d 609 ).

ENG, P.J., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Smith

Supreme Court, Appellate Division, Second Department, New York.
Nov 15, 2017
63 N.Y.S.3d 697 (N.Y. App. Div. 2017)
Case details for

People v. Smith

Case Details

Full title:The PEOPLE, etc., Respondent, v. Jatiek SMITH, Appellant.

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

Date published: Nov 15, 2017

Citations

63 N.Y.S.3d 697 (N.Y. App. Div. 2017)