People v. Green

2025 NY Slip Op 00669

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2025
• Docket: Ind. No. 1685/20
• Status: Published

Opinion

People v Green (2025 NY Slip Op 00669)

People v Green

2025 NY Slip Op 00669

Decided on February 5, 2025

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 February 5, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
ROBERT J. MILLER
LINDA CHRISTOPHER
BARRY E. WARHIT
DONNA-MARIE E. GOLIA, JJ.

2022-05179
(Ind. No. 1685/20)

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

v

Stephon Green, appellant.

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

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Ruth Reid 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 L. Rodriguez, J.), imposed February 16, 2022, 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 he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248, 256-257; cf. People v Risco, 165 AD3d 703, 704). The defendant's valid waiver of his right to appeal precludes appellate review of his excessive sentence claim (see People v Lopez, 6 NY3d at 261; People v Alijaj, 217 AD3d 881, 882).

BARROS, J.P., MILLER, CHRISTOPHER, WARHIT and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court