People v. Carter

• Decision Date: 26 February 2014
• Citation: 2014 N.Y. Slip Op. 01337,980 N.Y.S.2d 838,114 A.D.3d 960
• Parties: The PEOPLE, etc., respondent, v. Robert L. CARTER, appellant.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 960

980 N.Y.S.2d 838

2014 N.Y. Slip Op. 01337

The PEOPLE, etc., respondent,

v.Robert L. CARTER, appellant.

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

Feb. 26, 2014.

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

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

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Cohen, J.), imposed on June 13, 2012, 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. Hidalgo, 91 N.Y.2d 733, 735, 675 N.Y.S.2d 327, 698 N.E.2d 46;People v. Azeez, 95 A.D.3d 1349, 944 N.Y.S.2d 911;People v. Foy, 89 A.D.3d 1103, 933 N.Y.S.2d 599).

ENG, P.J., SKELOS, LEVENTHAL and SGROI, JJ., concur.