People v. Petrone

2019 NY Slip Op 471

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 23, 2019
• Docket: 2016-07142
• Status: Published

Opinion

People v Petrone (2019 NY Slip Op 00471)

People v Petrone

2019 NY Slip Op 00471

Decided on January 23, 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 23, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
JOSEPH J. MALTESE, JJ.

2016-07142

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

v

Joseph Petrone, appellant. (S.C.I. No. 2732/15)

Paul Skip Laisure, New York, NY (Jonathan Schoepp-Wong of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Tatiana Galbrecht 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 (Gene Lopez, J.), imposed June 2, 2016, 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 Bryant, 28 NY3d 1094, 1096; People v Sanders, 25 NY3d 337, 339-342; see also People v Roche, 106 AD3d 1328, 1329). 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).

DILLON, J.P., AUSTIN, ROMAN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court