People v. Mackey

• Citation: 971 N.Y.S.2d 478,109 A.D.3d 1008,2013 N.Y. Slip Op. 06024
• Parties: The PEOPLE, etc., respondent, v. Tyrell MACKEY, appellant.
• Decision Date: 25 September 2013
• Court: New York Supreme Court Appellate Division

109 A.D.3d 1008
971 N.Y.S.2d 478
2013 N.Y. Slip Op. 06024

The PEOPLE, etc., respondent,
v.
Tyrell MACKEY, appellant.

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

Sept. 25, 2013.

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed February 23, 2012, 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. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Bennett, 102 A.D.3d 881, 957 N.Y.S.2d 905;People v. Palmer, 95 A.D.3d 1039, 943 N.Y.S.2d 775;People v. Foy, 89 A.D.3d 1103, 933 N.Y.S.2d 599).

ENG, P.J., SKELOS, ROMAN, COHEN and HINDS–RADIX, JJ., concur.