People v. Hawthorne, 2009-06830

• Decision Date: 07 June 2011
• Docket Number: 2009-06830,Ind. No. 669/09
• Parties: The People, etc., respondent, v. Philip Hawthorne, appellant.
• Court: New York Supreme Court — Appellate Division

2011 NY Slip Op 05094

The People, etc., respondent,
v.
Philip Hawthorne, appellant.

2009-06830
Ind. No. 669/09

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT

Decided on June 7, 2011

MARK C. DILLON, J.P.

JOSEPH COVELLO

RUTH C. BALKIN

PLUMMER E. LOTT

SHERI S. ROMAN, JJ.

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Andrew Dykens on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin-Brandt, J., at plea; Margulis, J., at sentence), rendered April 7, 2009, convicting him of use of a child in a sexual performance, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive (see People v Ramos, 7 NY3d 737, 738; People v Benitez,AD3d, 2011 NY Slip Op 03867, *1 [2d Dept 2011]).

DILLON, J.P., COVELLO, BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan
Clerk of the Court