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People v. Johnson

Supreme Court of New York, Second Department

May 15, 2013

The People of the State of New York, respondent,
v.
Akeem Johnson, appellant. Ind. No. 7004/10

Steven Banks, New York, N.Y. (Eve Kessler of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.

RANDALL T. ENG, P.J. REINALDO E. RIVERA JOHN M. LEVENTHAL SANDRA L. SGROI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cyrulnik, J.), imposed September 16, 2011, 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 Bradshaw, 18 N.Y.3d 257, 264-267; People v Ramos, 7 N.Y.3d 737, 738; People v Lopez, 6 N.Y.3d 248, 255; People v Hidalgo, 91 N.Y.2d 733, 735; People v Foy, 89 A.D.3d 1103, 1103; People v Pertillar, 37 A.D.3d 740).

ENG, P.J., RIVERA, LEVENTHAL and SGROI, JJ., concur.


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