From Casetext: Smarter Legal Research

People v. Wilson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 24, 2020
184 A.D.3d 881 (N.Y. App. Div. 2020)

Opinion

2017–02351 Ind. No. 10369/15

06-24-2020

The PEOPLE, etc., Respondent, v. Matthew WILSON, Appellant.

Paul Skip Laisure, New York, N.Y. (De Nice Powell of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and William H. Branigan of counsel; Deanna Russo on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (De Nice Powell of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and William H. Branigan of counsel; Deanna Russo on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Ira H. Margulis, J.), imposed January 11, 2017, 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, intelligently, and voluntarily waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Batista, 167 A.D.3d 69, 81, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal forecloses appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 261, 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, COHEN, CONNOLLY and WOOTEN, JJ., concur.


Summaries of

People v. Wilson

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 24, 2020
184 A.D.3d 881 (N.Y. App. Div. 2020)
Case details for

People v. Wilson

Case Details

Full title:The People of the State of New York, respondent, v. Matthew Wilson…

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

Date published: Jun 24, 2020

Citations

184 A.D.3d 881 (N.Y. App. Div. 2020)
2020 N.Y. Slip Op. 3552
124 N.Y.S.3d 224