People v. Marshall

• Decision Date: 12 October 2016
• Parties: The PEOPLE, etc., respondent, v. Christopher MARSHALL, appellant.
• Court: New York Supreme Court — Appellate Division

143 A.D.3d 842

38 N.Y.S.3d 816 (Mem)

2016 N.Y. Slip Op. 06726

The PEOPLE, etc., respondent,

v.Christopher MARSHALL, appellant.

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

Oct. 12, 2016.

Lynn W.L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Marina Dimitry on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Donnelly, J.), imposed on January 30, 2014, upon his plea of guilty, 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. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344

; People v. Bradshaw, 18 N.Y.3d 257, 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 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 735, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; People v. Carter, 114 A.D.3d 960, 980 N.Y.S.2d 838 ; People v. Azeez, 95 A.D.3d 1349, 944 N.Y.S.2d 911 ).

ENG

, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.