People v. Tusa , 36 N.Y.S.3d 829 ( 2016 )


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  • People v Tusa (2016 NY Slip Op 05881)
    People v Tusa
    2016 NY Slip Op 05881
    Decided on August 24, 2016
    Appellate Division, Second Department
    Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
    This opinion is uncorrected and subject to revision before publication in the Official Reports.


    Decided on August 24, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
    RANDALL T. ENG, P.J.
    RUTH C. BALKIN
    L. PRISCILLA HALL
    JEFFREY A. COHEN
    JOSEPH J. MALTESE, JJ.

    2015-04314
    (Ind. No. 1054/13)

    [*1]The People of the State of New York, respondent,

    v

    Joseph Tusa, appellant.




    Laurette Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

    Thomas J. Spota, District Attorney, Riverhead, NY (Lauren Tan of counsel), for respondent.



    DECISION & ORDER

    Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Braslow, J.), imposed April 3, 2015, upon his plea of guilty, 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 Sanders, 25 NY3d 337; People v Green, 136 AD3d 1055, 1055).

    ENG, P.J., BALKIN, HALL, COHEN and MALTESE, JJ., concur.

    ENTER:

    Aprilanne Agostino

    Clerk of the Court



Document Info

Docket Number: 2015-04314

Citation Numbers: 142 A.D.3d 680, 36 N.Y.S.3d 829

Judges: Eng, Balkin, Hall, Cohen, Maltese

Filed Date: 8/24/2016

Precedential Status: Precedential

Modified Date: 11/1/2024