People v. Hardy

Decision Date17 September 2014
Citation991 N.Y.S.2d 904,2014 N.Y. Slip Op. 06212,120 A.D.3d 1358
PartiesThe PEOPLE, etc., respondent, v. Dereck HARDY, appellant.
CourtNew York Supreme Court — Appellate Division

OPINION TEXT STARTS HERE

Lynn W.L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel), for respondent.

Appeals by the defendant, as limited by his motion, from four sentences of the Supreme Court, Queens County (Griffin, J.), all imposed December 15, 2011, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contention that the sentences imposed were 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. Alexander, 104 A.D.3d 862, 960 N.Y.S.2d 659).

ENG, P.J., DILLON, CHAMBERS and AUSTIN, JJ., concur.

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14 cases
  • People v. Carryl
    • United States
    • New York Supreme Court Appellate Division
    • 13 Febrero 2019
    ...valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Hardy , 120 A.D.3d 1358, 1358, 991 N.Y.S.2d 904 ; People v. Arteev , 120 A.D.3d 1255, 1255, 991 N.Y.S.2d 776 ; People v. Alexander , 104 A.D.3d 862, 862, 960 N.Y.S.2......
  • People v. Ayala, 2017–03461
    • United States
    • New York Supreme Court Appellate Division
    • 15 Mayo 2019
    ...valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Hardy, 120 A.D.3d 1358, 1358, 991 N.Y.S.2d 904 ; People v. Arteev, 120 A.D.3d 1255, 1255, 991 N.Y.S.2d 776 ; People v. Alexander, 104 A.D.3d 862, 862, 960 N.Y.S.2d 6......
  • People v. Mallayev
    • United States
    • New York Supreme Court Appellate Division
    • 17 Septiembre 2014
    ...120 A.D.3d 1358992 N.Y.S.2d 3352014 N.Y. Slip Op. 06213The PEOPLE, etc., respondent,v.Mikhail MALLAYEV, appellant.Supreme Court, Appellate Division, Second Department, New York.Sept. 17, [992 N.Y.S.2d 336]Tehilah H. Berman, Brooklyn, N.Y., for appellant.Richard A. Brown, District Attorney, ......
  • People v. Swen, 2016–00040
    • United States
    • New York Supreme Court Appellate Division
    • 29 Agosto 2018
    ...valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Hardy, 120 A.D.3d 1358, 1358, 991 N.Y.S.2d 904 ; People v. Arteev, 120 A.D.3d 1255, 1255, 991 N.Y.S.2d 776 ; People v. Alexander, 104 A.D.3d 862, 862, 960 N.Y.S.2d 6......
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