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People v. Cooper

Supreme Court of New York, Second Department
Oct 4, 2023
220 A.D.3d 714 (N.Y. App. Div. 2023)

Opinion

2022-06827 Ind. No. 72667/21

10-04-2023

The PEOPLE, etc., respondent, v. Najee COOPER, appellant.

Patricia Pazner, New York, NY (Martin B. Sawyer of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Darci Siegel on the memorandum), for respondent.


Patricia Pazner, New York, NY (Martin B. Sawyer of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Darci Siegel on the memorandum), for respondent.

COLLEEN D. DUFFY, J.P., JOSEPH J. MALTESE, BARRY E. WARHIT, LOURDES M. VENTURA, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Raymond Rodriguez, J.), imposed July 25, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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. Washington, 214 A.D.3d 910, 183 N.Y.S.3d 861 ; People v. Stevens, 203 A.D.3d 958, 163 N.Y.S.3d 615 ).

The defendant's remaining contentions are without merit.

DUFFY, J.P., MALTESE, WARHIT and VENTURA, JJ., concur.


Summaries of

People v. Cooper

Supreme Court of New York, Second Department
Oct 4, 2023
220 A.D.3d 714 (N.Y. App. Div. 2023)
Case details for

People v. Cooper

Case Details

Full title:The People of the State of New York, respondent, v. Najee Cooper…

Court:Supreme Court of New York, Second Department

Date published: Oct 4, 2023

Citations

220 A.D.3d 714 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5004
195 N.Y.S.3d 813

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