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People v. Howard

Supreme Court, Appellate Division, Second Department, New York.
Apr 18, 2018
160 A.D.3d 897 (N.Y. App. Div. 2018)

Opinion

2016–08429 (Ind.No.2191/15)

04-18-2018

The PEOPLE, etc., respondent, v. Shawn HOWARD, appellant.

Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Aleena R. Peerzada on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Aleena R. Peerzada on the memorandum), for respondent.

ALAN D. SCHEINKMAN, J.P., WILLIAM F. MASTRO, SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (William Miller, J.), imposed July 13, 2016, 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, 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 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

SCHEINKMAN, J.P., MASTRO, ROMAN, LASALLE and CHRISTOPHER, JJ., concur.


Summaries of

People v. Howard

Supreme Court, Appellate Division, Second Department, New York.
Apr 18, 2018
160 A.D.3d 897 (N.Y. App. Div. 2018)
Case details for

People v. Howard

Case Details

Full title:The PEOPLE, etc., respondent, v. Shawn HOWARD, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 18, 2018

Citations

160 A.D.3d 897 (N.Y. App. Div. 2018)
71 N.Y.S.3d 896

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