People v. Jones

• Decision Date: 25 June 2014
• Citation: 2014 N.Y. Slip Op. 04794,987 N.Y.S.2d 857,118 A.D.3d 1026
• Parties: The PEOPLE, etc., respondent, v. Kisha JONES, appellant.
• Court: New York Supreme Court — Appellate Division

118 A.D.3d 1026

987 N.Y.S.2d 857

2014 N.Y. Slip Op. 04794

The PEOPLE, etc., respondent,

v.Kisha JONES, appellant.

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

June 25, 2014.

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

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed March 29, 2011, upon her plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, her waiver of the right to appeal was knowing, voluntary, and intelligent ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222;People v. Milton, 111 A.D.3d 765, 766, 974 N.Y.S.2d 535;People v. McCray, 103 A.D.3d 666, 667, 959 N.Y.S.2d 262). Since the defendant's valid waiver of her right to appeal encompasses the waiver of the right to invoke the Appellate Division's interest of justice jurisdiction to modify sentences, review of the defendant's contention that the sentence imposed was excessive is precluded ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

ENG, P.J., MASTRO, DICKERSON, LOTT and MILLER, JJ., concur.