People v. Bolus

2024 NY Slip Op 03693

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 3, 2024
• Docket: Ind. No. 73544/22
• Status: Published

Opinion

People v Bolus (2024 NY Slip Op 03693)

People v Bolus

2024 NY Slip Op 03693

Decided on July 3, 2024

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 3, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
VALERIE BRATHWAITE NELSON, J.P.
LINDA CHRISTOPHER
WILLIAM G. FORD
CARL J. LANDICINO, JJ.

2023-02924
(Ind. No. 73544/22)

[*1]The People of the State of New York, respondent,

v

Roy Bolus, appellant.

Patricia Pazner, New York, NY (David P. Greenburg of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and William H. Branigan of counsel; Deanna Russo on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gia L. Morris, J.), imposed February 27, 2023, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that the defendant knowingly, willingly, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248, 254). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see id. at 255-256).

BRATHWAITE NELSON, J.P., CHRISTOPHER, FORD and LANDICINO, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court