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People v. Walker

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 17, 2019
171 A.D.3d 1109 (N.Y. App. Div. 2019)

Opinion

2017–12354 Ind. No. 33/14

04-17-2019

The PEOPLE, etc., Respondent, v. Tiquan J. WALKER, Appellant.

Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jie Gao of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jie Gao of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Marcia P. Hirsch, J.), imposed October 17, 2017, 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, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Batista, 167 A.D.3d 69, 86 N.Y.S.3d 492 ). 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. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista, 167 A.D.3d at 78, 86 N.Y.S.3d 492 ).

BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur.


Summaries of

People v. Walker

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Apr 17, 2019
171 A.D.3d 1109 (N.Y. App. Div. 2019)
Case details for

People v. Walker

Case Details

Full title:The People of the State of New York, respondent, v. Tiquan J. Walker…

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

Date published: Apr 17, 2019

Citations

171 A.D.3d 1109 (N.Y. App. Div. 2019)
171 A.D.3d 1109
2019 N.Y. Slip Op. 2913