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The People of the State of New York, Respondent, v. Gregory Spann, Appellant

New York Supreme Court, Appellate Division2016-08-31
142 A.D.3d 72036 N.Y.S.3d 917

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Opinion

majority opinion

— 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.