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People v. Mackey

Supreme Court of New York, Second Department

September 25, 2013

The People of the State of New York, respondent,
v.
Tyrell Mackey, appellant. Ind. No. 4596/08

Lynn W. L. Fahey, New York, N.Y., for appellant.

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

RANDALL T. ENG, P.J., PETER B. SKELOS, SHERI S. ROMAN, JEFFREY A. COHEN, SYLVIA O. HINDS-RADIX, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed February 23, 2012, 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 Lopez, 6 N.Y.3d 248, 255; People v Bennett, 102 A.D.3d 881; People v Palmer, 95 A.D.3d 1039; People v Foy, 89 A.D.3d 1103).

ENG, P.J., SKELOS, ROMAN, COHEN and HINDS-RADIX, JJ., concur.


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