People v. Jefferson

• Decision Date: 20 March 2013
• Citation: 104 A.D.3d 875,2013 N.Y. Slip Op. 01853,960 N.Y.S.2d 655
• Court: New York Supreme Court — Appellate Division
• Parties: The PEOPLE, etc., respondent, v. Nireair JEFFERSON, appellant.

104 A.D.3d 875

960 N.Y.S.2d 655

2013 N.Y. Slip Op. 01853

The PEOPLE, etc., respondent,

v.Nireair JEFFERSON, appellant.

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

March 20, 2013.

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

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Condon, J.), imposed August 22, 2011, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Under the circumstances of this case, including the defendant's “ ‘age, experience and background’ ” ( People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [emphasis omitted], quoting People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022), the defendant validly waived his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 254–255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Panlall, 4 A.D.3d 540, 541, 771 N.Y.S.2d 707;cf. People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645). 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 at 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 at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

MASTRO, J.P., SKELOS, ROMAN and COHEN, JJ., concur.