People v Palmer

People v Palmer 2012 NY Slip Op 03669 Decided on May 8, 2012 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 May 8, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, A.P.J.
MARK C. DILLON
RANDALL T. ENG
PLUMMER E. LOTT
ROBERT J. MILLER, JJ.
2010-08434
(Ind. No. 2189/08)

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

v

Michael R. Palmer, appellant.




Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel),
for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Diane R. Eisner of
counsel; Gregory Musso on the
memorandum), for the respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed November 4, 2009, 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 appellate review of his claim that his sentence was excessive (see People v Bradshaw, 18 NY3d 257, 264-267; People v Lopez, 6 NY3d 248, 255).
MASTRO, A.P.J., DILLON, ENG, LOTT and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court