People v. Elijah R.

2019 NY Slip Op 146
Appellate Division of the Supreme Court of the State of New York·Decided January 9, 2019·No. Ind. No. 14/17·Published

Opinion

People v Elijah R. (2019 NY Slip Op 00146)
People v Elijah R.
2019 NY Slip Op 00146
Decided on January 9, 2019
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 January 9, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
WILLIAM F. MASTRO, J.P.
JOHN M. LEVENTHAL
COLLEEN D. DUFFY
HECTOR D. LASALLE, JJ.

2017-06115
(Ind. No. 14/17)

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

v

Elijah R. (Anonymous), appellant.


Paul Skip Laisure, New York, NY (Charity L. Brady of counsel), for appellant.

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



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 May 3, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence 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 NY3d 257, 264-267; People v Lopez, 6 NY3d 248, 255-256; People v Hidalgo, 91 NY2d 733, 737; People v Lyons, 161 AD3d 1196; People v Barone, 120 AD3d 826).

MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court



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People v. Elijah R., 2019 NY Slip Op 146 (N.Y. Ct. App. 2019).

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Related

People v. Hidalgo
698 N.E.2d 46 (New York Court of Appeals, 1998)
People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Barone
120 A.D.3d 826 (Appellate Division of the Supreme Court of New York, 2014)
People v. Bradshaw
961 N.E.2d 645 (New York Court of Appeals, 2011)