People v. Stanley

• Decision Date: 17 October 2012
• Parties: The PEOPLE, etc., respondent, v. Kaseam STANLEY, appellant.
• Court: New York Supreme Court — Appellate Division

99 A.D.3d 955
951 N.Y.S.2d 909
2012 N.Y. Slip Op. 06981

The PEOPLE, etc., respondent,
v.
Kaseam STANLEY, appellant.

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

Oct. 17, 2012.

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Victoria Sypniewski on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed March 2, 2011, 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. 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. Foy, 89 A.D.3d 1103, 1103, 933 N.Y.S.2d 599;People v. Pertillar, 37 A.D.3d 740, 831 N.Y.S.2d 212).

MASTRO, J.P., FLORIO, BALKIN and CHAMBERS, JJ., concur.