People v. Spencer

People v Spencer (2019 NY Slip Op 00911)

People v Spencer

2019 NY Slip Op 00911

Decided on February 6, 2019

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 February 6, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
BETSY BARROS, JJ.

2017-04970
2017-04971

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

v

David Spencer, appellant. (Ind. Nos. 372/15, 154/16)

Warren S. Landau, Cedarhurst, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Yael V. Levy of counsel; Matthew C. Frankel on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Nassau County (Christopher Quinn, J.), both imposed January 6, 2017, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 339-340). The defendant's valid waiver bars review of his contention that the sentences imposed were excessive (see People v Lopez, 6 NY3d 248, 255).

BALKIN, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court