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People v. Yusuf

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 20, 2019
170 A.D.3d 1051 (N.Y. App. Div. 2019)

Opinion

2017-02650 Ind. No. 216/16

03-20-2019

The PEOPLE, etc., Respondent, v. Muhammed YUSUF, Appellant.

Paul Skip Laisure, New York, NY, for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.


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

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed January 25, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's knowing waiver of his right to appeal encompassed the right to seek a reduction in the sentence on the ground that the sentence imposed was harsh and excessive (see People v. Langford, 199 A.D.2d 282, 282, 605 N.Y.S.2d 942 ; cf. People v. Cambridge, 145 A.D.3d 795, 795–796, 44 N.Y.S.3d 96 ; People v. Vasquez, 40 A.D.3d 1019, 1019–1020, 834 N.Y.S.2d 665 ). The waiver bars review of the defendant's contention that the sentence was excessive.

BALKIN, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.


Summaries of

People v. Yusuf

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 20, 2019
170 A.D.3d 1051 (N.Y. App. Div. 2019)
Case details for

People v. Yusuf

Case Details

Full title:The People of the State of New York, respondent, v. Muhammed Yusuf…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Mar 20, 2019

Citations

170 A.D.3d 1051 (N.Y. App. Div. 2019)
170 A.D.3d 1051
2019 N.Y. Slip Op. 2128