Opinion
2016–05665 Ind.No. 2695/15
10-17-2018
The Legal Aid Society, New York, N.Y. (Ellen Dille of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel; Ryan Bae on the memorandum), for respondent.
The Legal Aid Society, New York, N.Y. (Ellen Dille of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel; Ryan Bae on the memorandum), for respondent.
MARK C. DILLON, J.P., SANDRA L. SGROI, 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, Kings County (Betty J. Williams, J.), imposed April 28, 2016, upon his plea of guilty, on the ground that the sentence was excessive.ORDERED that the sentence is affirmed.
The defendant's valid waiver of his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), which included both an oral and a written waiver (see People v. Bryant , 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Taylor , 162 A.D.3d 690, 74 N.Y.S.3d 763 ), precludes review of his contention that the period of postrelease supervision imposed was excessive (see People v. Lopez , 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Cooper , 155 A.D.3d 766, 63 N.Y.S.3d 251 ).
DILLON, J.P., SGROI, HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.