People v. James

2018 NY Slip Op 6562
Procedural entryThis page is a short order in People v. James. Read the opinion of the Court — 135 A.D.3d 787
Appellate Division of the Supreme Court of the State of New York·Decided October 3, 2018·No. 2016-00899·Published

Opinion

People v James (2018 NY Slip Op 06562)
People v James
2018 NY Slip Op 06562
Decided on October 3, 2018
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 3, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.

2016-00899
(Ind. No. 10076/12)

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

v

Damien James, appellant.


Paul Skip Laisure, New York, NY (Caitlin Halpern of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Kyle Knox 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 (William Garnett, J.), imposed January 20, 2015, 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 appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255).

LEVENTHAL, J.P., AUSTIN, COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court



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People v. James, 2018 NY Slip Op 6562 (N.Y. Ct. App. 2018).

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Related

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