People v. Voltaire

174 N.Y.S.3d 876, 2022 NY Slip Op 05723
Appellate Division of the Supreme Court of the State of New York·Decided October 12, 2022·No. Ind. No. 677/20·Published

Opinion

People v Voltaire (2022 NY Slip Op 05723)
People v Voltaire
2022 NY Slip Op 05723
Decided on October 12, 2022
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 12, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
JOSEPH A. ZAYAS
HELEN VOUTSINAS, JJ.

2021-05592
(Ind. No. 677/20)

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

v

Wkorasky Voltaire, appellant.


Patricia Pazner, New York, NY (Lynn W. L. Fahey of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Ellen C. Abbot of counsel; Cory D. Conley 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 (Kenneth C. Holder, J.), imposed July 21, 2021, 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 Stevens, 203 AD3d 958).

BARROS, J.P., CHAMBERS, ZAYAS and VOUTSINAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court



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People v. Voltaire, 174 N.Y.S.3d 876, 2022 NY Slip Op 05723 (N.Y. Ct. App. 2022).

174 N.Y.S.3d 876 (People v. Voltaire) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)
People v. Stevens
203 A.D.3d 958 (Appellate Division of the Supreme Court of New York, 2022)