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People v. Spoto

Supreme Court of New York, Second Department

October 16, 2013

The People of the State of New York, respondent,
v.
Andrew Spoto, appellant. Index No. 674/11

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri T. Lasky of counsel; M. Michael Bosone on the memorandum), for respondent.

RANDALL T. ENG, P.J., WILLIAM F. MASTRO, THOMAS A. DICKERSON, PLUMMER E. LOTT, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Camacho, J.), imposed October 11, 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 Bradshaw, 18 N.Y.3d 257, 264-267; People v Lopez, 6 N.Y.3d 248, 255-256).

ENG, P.J., MASTRO, DICKERSON, LOTT and MILLER, JJ., concur.


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