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2018 NY Slip Op 08693
N.Y. App. Div. 2nd
2018

The People of the State of New York, Respondent, v Matthew Robinson, Also Known as Matt Milly, Also Known as Millz, Appellant.

2018 NY Slip Op 08693 [167 AD3d 942]

Appellate Division, Second Department

December 19, 2018

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 30, 2019

Paul Skip Laisure, New York, NY (Sean H. Murray of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Eleanor Reilly on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry A. Schwartz, J.), imposed February 16, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the defendant‘s contention, his waiver of the right to appeal was knowing, voluntary, and intelligent (see People v Sanders, 25 NY3d 337, 341 [2015]; People v Espejo, 145 AD3d 1031 [2016]). The defendant‘s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Palladino, 140 AD3d 1194, 1195 [2016]; People v Magnotta, 137 AD3d 1303, 1303 [2016]). Rivera, J.P., Sgroi, Hinds-Radix and Christopher, JJ., concur.

Case Details

Case Name: People v Robinson
Court Name: Appellate Division of the Supreme Court, Second Department
Date Published: Dec 19, 2018
Citations: 2018 NY Slip Op 08693; 167 AD3d 942; 2017-05142
Docket Number: 2017-05142
Court Abbreviation: N.Y. App. Div. 2nd
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