People v. Soler

Full title: The People of the State of New York, respondent, v. Heriberto Soler…

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

Date published: Jul 22, 2015

2015 N.Y. Slip Op. 6261 (N.Y. App. Div. 2015)

Opinion

2012-07926

07-22-2015

The People of the State of New York, respondent, v. Heriberto Soler, appellant.

Seymour W. James, Jr., New York, N.Y. (William Carney of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the memorandum), for respondent.

RANDALL T. ENG, P.J.

PETER B. SKELOS

SHERI S. ROMAN

JOSEPH J. MALTESE, JJ. (Ind. No. 1471/12)

Seymour W. James, Jr., New York, N.Y. (William Carney of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel of counsel; Robert Ho on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cyrulnik, J.), imposed August 7, 2012, 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 Lopez, 6 NY3d 248, 255; People v Arteev, 120 AD3d 1255).

ENG, P.J., SKELOS, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court