People v. Alleyne

• Decision Date: 01 April 2015
• Citation: 127 A.D.3d 776,2015 N.Y. Slip Op. 02776,4 N.Y.S.3d 548 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Kevin ALLEYNE, appellant.
• Court: New York Supreme Court — Appellate Division

127 A.D.3d 776

4 N.Y.S.3d 548 (Mem)

2015 N.Y. Slip Op. 02776

The PEOPLE, etc., respondent

v.Kevin ALLEYNE, appellant.

Supreme Court, Appellate Division, Second Department, New York.

April 1, 2015.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Efman, J.), imposed December 19, 2013, 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 review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ; People v. Stanley, 99 A.D.3d 955, 951 N.Y.S.2d 909 ).

ENG, P.J., MASTRO, DICKERSON and LaSALLE, JJ., concur.