People v. Randolph

2025 NY Slip Op 00882

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 13, 2025
• Docket: 2022-02826
• Status: Published

Opinion

People v Randolph (2025 NY Slip Op 00882)

People v Randolph

2025 NY Slip Op 00882

Decided on February 13, 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 13, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
VALERIE BRATHWAITE NELSON
HELEN VOUTSINAS
LAURENCE L. LOVE, JJ.

2022-02826
2022-02827

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

v

Thomas Randolph, appellant. (Ind. Nos. 363/20, 857/20)

Twyla Carter, New York, NY (Frank Xiao of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Ellen C. Abbot of counsel; Damian Jhagroo on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Michael Yavinsky, J.), both imposed January 28, 2022, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The record demonstrates that the defendant 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 sentences imposed were excessive (see People v Lopez, 6 NY3d at 255).

DUFFY, J.P., BRATHWAITE NELSON, VOUTSINAS and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court