People v. Griffin

2025 NY Slip Op 00111
Procedural entryThis page is a short order in People v. Griffin. Read the opinion of the Court — 203 A.D.3d 1608
Appellate Division of the Supreme Court of the State of New York·Decided January 8, 2025·No. Ind. No. 989/21·Published

Opinion

People v Griffin (2025 NY Slip Op 00111)
People v Griffin
2025 NY Slip Op 00111
Decided on January 8, 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 January 8, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
ROBERT J. MILLER
WILLIAM G. FORD
JANICE A. TAYLOR
DONNA-MARIE E. GOLIA, JJ.

2022-10104
(Ind. No. 989/21)

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

v

Mark E. Griffin, appellant.


Patricia Pazner, New York, NY (Alexa Askari of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Charles T. Pollak of counsel; Miles Palminteri 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 (David J. Kirschner, J.), imposed December 2, 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 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 Lopez, 6 NY3d at 255-256).

BARROS, J.P., MILLER, FORD, TAYLOR and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court



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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)