People v. Green

• Citation: 141 A.D.3d 544,2016 N.Y. Slip Op. 05388,33 N.Y.S.3d 907 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Kenneth GREEN, appellant.
• Decision Date: 06 July 2016
• Court: New York Supreme Court — Appellate Division

141 A.D.3d 544
33 N.Y.S.3d 907 (Mem)
2016 N.Y. Slip Op. 05388

The PEOPLE, etc., respondent,
v.
Kenneth GREEN, appellant.

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

July 6, 2016.

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.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Modica, J.), imposed April 30, 2013, 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. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; 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. Carter, 114 A.D.3d 960, 980 N.Y.S.2d 838 ).

ENG, P.J., MASTRO, HALL, SGROI and MILLER, JJ., concur.