People v. Cooper

220 A.D.3d 714, 195 N.Y.S.3d 813, 2023 NY Slip Op 05004
Appellate Division of the Supreme Court of the State of New York·Decided October 4, 2023·No. Ind. No. 72667/21·Published·Cited by 1 cases

Opinion

People v Cooper (2023 NY Slip Op 05004)
People v Cooper
2023 NY Slip Op 05004
Decided on October 4, 2023
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 October 4, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
JOSEPH J. MALTESE
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.

2022-06827
(Ind. No. 72667/21)

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

v

Najee Cooper, appellant.


Patricia Pazner, New York, NY (Martin B. Sawyer of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Darci Siegel on the memorandum), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Raymond Rodriguez, J.), imposed July 25, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Washington, 214 AD3d 910; People v Stevens, 203 AD3d 958).

The defendant's remaining contentions are without merit.

DUFFY, J.P., MALTESE, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court



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People v. Cooper, 220 A.D.3d 714, 195 N.Y.S.3d 813, 2023 NY Slip Op 05004 (N.Y. Ct. App. 2023).

220 A.D.3d 714 (People v. Cooper) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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