People v. English

Citation37 N.Y.S.3d 712 (Mem),142 A.D.3d 1103,2016 N.Y. Slip Op. 06099
PartiesThe PEOPLE, etc., respondent, v. Shawn ENGLISH, appellant.
Decision Date21 September 2016
CourtNew York Supreme Court Appellate Division

Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin–Brandt, J., at plea; Zoll, J., at sentence), imposed October 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is 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. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see

People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

ENG

, P.J., BALKIN, DICKERSON, HINDS–RADIX and BARROS, JJ., concur.

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2 cases
  • People v. Davis
    • United States
    • New York Supreme Court — Appellate Division
    • August 22, 2018
    ...281 ; People v. Calabrese, 153 A.D.3d 1268, 59 N.Y.S.3d 704 ; People v. Oliveri, 151 A.D.3d 754, 53 N.Y.S.3d 560 ; People v. English, 142 A.D.3d 1103, 37 N.Y.S.3d 712 ). This confusion was consistent with the record evidence of the defendant's mental health issues (cf. People v. Walker, 151......
  • People v. Ayala
    • United States
    • New York Supreme Court — Appellate Division
    • September 21, 2016

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