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People v. Suruy

Supreme Court, Appellate Division, Second Department, New York.
Nov 16, 2016
144 A.D.3d 951 (N.Y. App. Div. 2016)

Opinion

11-16-2016

The PEOPLE, etc., respondent, v. Nelson Estuardo Chamale SURUY, appellant.

Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.


Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Cohen, J.), imposed January 14, 2015, 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. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of the right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG, P.J., DICKERSON, BALKIN, HINDS–RADIX and BARROS, JJ., concur.


Summaries of

People v. Suruy

Supreme Court, Appellate Division, Second Department, New York.
Nov 16, 2016
144 A.D.3d 951 (N.Y. App. Div. 2016)
Case details for

People v. Suruy

Case Details

Full title:The PEOPLE, etc., respondent, v. Nelson Estuardo Chamale SURUY, appellant.

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

Date published: Nov 16, 2016

Citations

144 A.D.3d 951 (N.Y. App. Div. 2016)
2016 N.Y. Slip Op. 7685
40 N.Y.S.3d 789