People v. Calabrese

• Decision Date: 13 September 2017
• Citation: 59 N.Y.S.3d 704 (Mem),153 A.D.3d 1268
• Parties: The PEOPLE, etc., respondent, v. Ronald CALABRESE, appellant.
• Court: New York Supreme Court — Appellate Division

153 A.D.3d 1268

59 N.Y.S.3d 704 (Mem)

The PEOPLE, etc., respondent,

v.Ronald CALABRESE, appellant.

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

Sept. 13, 2017.

Lynn W.L. Fahey, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette M. Traill, and Merri Turk Lasky of counsel; Yuliya Shyrokonis on the memorandum), for respondent.

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Chin–Brandt, J., at pleas; Zaro, J., at sentences), both imposed February 10, 2016, 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. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. English, 142 A.D.3d 1103, 37 N.Y.S.3d 712 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG, P.J., AUSTIN, ROMAN, HINDS–RADIX and DUFFY, JJ., concur.