People v. Lewis

2021 NY Slip Op 05590, 198 A.D.3d 816, 152 N.Y.S.3d 613

Opinion

People v Lewis (2021 NY Slip Op 05590)

People v Lewis

2021 NY Slip Op 05590

Decided on October 13, 2021

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 13, 2021 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
LINDA CHRISTOPHER
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.

2018-01683
2018-01684

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

v

Michael Lewis, appellant. (Ind. Nos. 8157/15, 41/16)

Patricia Pazner, New York, NY (Kendra L. Hutchinson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Gamaliel Marrero of counsel; Jong Hwa Ryu on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Joanne D. Quiñones, J.), both imposed September 25, 2017, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are 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; People v Gibbs, 183 AD3d 761; People v Howard, 178 AD3d 730). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v Lopez, 6 NY3d at 255-256).

RIVERA, J.P., CHRISTOPHER, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Acting Clerk of the Court