Opinion
2016–02201 Ind. No. 3874/14
12-12-2018
The PEOPLE, etc., Respondent, v. Tony LASHLEY, Appellant.
Paul Skip Laisure, New York, N.Y. (De Nice Powell of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (De Nice Powell of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the brief), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ).
Although the defendant's contention that the Supreme Court failed to exercise its discretion at sentencing (see People v. Farrar, 52 N.Y.2d 302, 308, 437 N.Y.S.2d 961, 419 N.E.2d 864 ) survives the defendant's valid waiver of his right to appeal (see People v. Vasquez, 131 A.D.3d 1076, 1077, 16 N.Y.S.3d 464 ; People v. Gary, 106 A.D.3d 932, 933, 964 N.Y.S.2d 656 ; People v. Nolcox, 40 A.D.3d 1128, 834 N.Y.S.2d 883 ), that contention is unpreserved for appellate review (see People v. Cesar, 131 A.D.3d 223, 227, 14 N.Y.S.3d 100 ; People v. Gary, 106 A.D.3d at 933, 964 N.Y.S.2d 656 ), and, in any event, is without merit. The record demonstrates that the sentencing court providently exercised its discretion at sentencing (see People v. Vasquez, 131 A.D.3d at 1077, 16 N.Y.S.3d 464 ; People v. Gray, 51 A.D.3d 945, 856 N.Y.S.2d 887 ).
AUSTIN, J.P., ROMAN, DUFFY and CHRISTOPHER, JJ., concur.