People v. Manning, 2016–12569

• Decision Date: 23 January 2019
• Docket Number: Ind. No. 3099/16,2016–12569
• Parties: The PEOPLE, etc., Respondent, v. Eric MANNING, Appellant.
• Court: New York Supreme Court — Appellate Division

168 A.D.3d 982

90 N.Y.S.3d 549 (Mem)

The PEOPLE, etc., Respondent,

v.Eric MANNING, Appellant.

2016–12569

Ind. No. 3099/16

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

Submitted—October 31, 2018

January 23, 2019

Janet E. Sabel, New York, N.Y. (Eve Kessler of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Peter N. Pearl of counsel), for respondent.

MARK C. DILLON, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), which included both an oral and a written waiver (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Woodson, 165 A.D.3d 986, 83 N.Y.S.3d 915 ; People v. Taylor, 162 A.D.3d 690, 74 N.Y.S.3d 763 ), precludes review of his contention that the period of postrelease supervision imposed was excessive (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Woodson, 165 A.D.3d 986, 83 N.Y.S.3d 915 ; People v. Cooper, 155 A.D.3d 766, 63 N.Y.S.3d 251 ).

DILLON, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.