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160 AD3d 662
N.Y. App. Div. 2nd
2018

People v Lafontant

Appellate Division, Second Department

April 4, 2018

2018 NY Slip Op 02342 [160 AD3d 662]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 30, 2018

The People of the State of New York, Respondent, v Wayne Lafontant, Appellant. (Action No. 1.) The People of the State of New York, Respondent, v Melquan Lafontant, Also Known as Wayne Lafontant, Appellant. (Action No. 2.)

Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel; Ruby D. Andrade on the brief), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Kings County (William Miller, J.), both rendered September 18, 2015, convicting him of criminal possession of a weapon in the second degree under indictment No. 7828/14 and criminal possession of a weapon in the second degree under indictment No. 2567/15, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bryant, 28 NY3d 1094 [2016]; People v Sanders, 25 NY3d 337 [2015]; People v McCray, 145 AD3d 740 [2016]).

The defendant‘s valid waiver of his right to appeal precludes review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v Pacherille, 25 NY3d 1021, 1024 [2015]; People v McCray, 145 AD3d 740 [2016]; People v Drammeh, 100 AD3d 650, 651 [2012]; People v Franko, 98 AD3d 525 [2012]). Dillon, J.P., Chambers, Hinds-Radix and Christopher, JJ., concur.

Case Details

Case Name: People v Lafontant
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Apr 4, 2018
Citations: 160 AD3d 662; 2018 NY Slip Op 02342; 2015-09618
Docket Number: 2015-09618
Court Abbreviation: N.Y. App. Div. 2nd
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