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People v. Venable

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 17, 2019
174 A.D.3d 746 (N.Y. App. Div. 2019)

Opinion

2018–04426 Ind. No. 2435/16

07-17-2019

The PEOPLE, etc., Respondent, v. Rashon VENABLE, Appellant.

Paul Skip Laisure, New York, N.Y. (Nao Terai of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni C. Piplani of counsel; Deanna Russo on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Nao Terai of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni C. Piplani of counsel; Deanna Russo on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kenneth C. Holder, J.), imposed March 1, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he 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 ; People v. Little, 156 A.D.3d 816, 65 N.Y.S.3d 722 ). The defendant's valid waiver of the right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.


Summaries of

People v. Venable

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 17, 2019
174 A.D.3d 746 (N.Y. App. Div. 2019)
Case details for

People v. Venable

Case Details

Full title:The People of the State of New York, respondent, v. Rashon Venable…

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

Date published: Jul 17, 2019

Citations

174 A.D.3d 746 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 5701
102 N.Y.S.3d 438