People v. Santos

Decision Date08 August 2012
Citation98 A.D.3d 590,949 N.Y.S.2d 641,2012 N.Y. Slip Op. 05933
PartiesThe PEOPLE, etc., respondent, v. Bolivar SANTOS, appellant.
CourtNew York Supreme Court — Appellate Division

OPINION TEXT STARTS HERE

Steven Banks, New York, N.Y. (Laura Boyd of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, and Maria Park of counsel; Gregory Musso on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Chun, J.), imposed April 29, 2010, 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 appellate review of his claim that his sentence was excessive ( see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 255–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

MASTRO, A.P.J., DILLON, ENG, LOTT and MILLER, JJ., concur.

To continue reading

Request your trial
4 cases
  • People v. Peters
    • United States
    • New York Supreme Court — Appellate Division
    • 8 Agosto 2012
    ...that the fact that they came forward was “a scary proposition,” and that the jury should “not penalize these people for having done the [98 A.D.3d 590]right thing, the courageous thing,” the defendant did not request curative instructions or move for a mistrial after the objection was susta......
  • People v. Smith
    • United States
    • New York Supreme Court — Appellate Division
    • 8 Agosto 2012
    ...98 A.D.3d 590949 N.Y.S.2d 4742012 N.Y. Slip Op. 05934The PEOPLE, etc., respondent,v.Gary V. SMITH, appellant.Supreme Court, Appellate Division, Second Department, New York.Aug. 8, [949 N.Y.S.2d 475]Joel B. Rudin, New York, N.Y. (Terri S. Rosenblatt of counsel), for appellant.Janet DiFiore, ......
  • People v. Bennett
    • United States
    • New York Supreme Court — Appellate Division
    • 23 Enero 2013
    ...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. Santos, 98 A.D.3d 590, 949 N.Y.S.2d 641).ENG, P.J., MASTRO, DICKERSON, LOTT and MILLER, JJ.,...
  • People v. Amaya
    • United States
    • New York Supreme Court — Appellate Division
    • 8 Agosto 2012
    ...A.D.3d 583949 N.Y.S.2d 6412012 N.Y. Slip Op. 05926The PEOPLE, etc., respondent,v.Jose Luis Gomez AMAYA, appellant.Supreme Court, Appellate Division, Second Department, New York.Aug. 8, Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.Thomas J. Spota, District......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT