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People v. Spann

142 A.D.3d 720 Court N.Y. App. Div. Decision date 2016-08-31 English

Judges Eng, P.J., Rivera, Dickerson, Hinds-Radix and Maltese, JJ., concur.

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p. 720
The People of the State of New York, Respondent, v Gregory Spann, Appellant.
[36 NYS3d 917]

— Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Lopresto, J.), imposed November 5, 2014, 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, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337 , 340-342 [2015]; People v Brown, 122 AD3d 133 , 137-145 [2014]). 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 Lopez, 6 NY3d 248 , 255-256 [2006]).

Eng, P.J., Rivera, Dickerson, Hinds-Radix and Maltese, JJ., concur.

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