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People v. Valerio

Supreme Court, Appellate Division, Second Department, New York.
Oct 18, 2017
154 A.D.3d 887 (N.Y. App. Div. 2017)

Opinion

10-18-2017

The PEOPLE, etc., respondent, v. Tony VALERIO, appellant.

Paul Skip Laisure, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Matthew Luongo of counsel), for respondent.


Paul Skip Laisure, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Matthew Luongo of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin–Brandt, J., at plea; Zaro, J., at sentence), imposed January 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, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; 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 at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG, P.J., BALKIN, ROMAN, HINDS–RADIX and BRATHWAITE NELSON, JJ., concur.


Summaries of

People v. Valerio

Supreme Court, Appellate Division, Second Department, New York.
Oct 18, 2017
154 A.D.3d 887 (N.Y. App. Div. 2017)
Case details for

People v. Valerio

Case Details

Full title:The PEOPLE, etc., respondent, v. Tony VALERIO, appellant.

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

Date published: Oct 18, 2017

Citations

154 A.D.3d 887 (N.Y. App. Div. 2017)
62 N.Y.S.3d 281

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