People v Spencer

People v Spencer 2011 NY Slip Op 08787 Decided on November 29, 2011 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 November 29, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
RANDALL T. ENG
L. PRISCILLA HALL
JEFFREY A. COHEN, JJ.
2010-09722
(Ind. No. 1249/09)

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

v

Jonathan Spencer, appellant.




Joseph R. Faraguna, Sag Harbor, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Ilisa T.
Fleischer of counsel; Flora M.
diMonda on the brief), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Grella, J.), rendered July 13, 2010, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that the sentence was excessive (see People v Lopez, 6 NY3d 248, 255-256; People v Hawthorne, 85 AD3d 819; People v Benitez, 84 AD3d 826).
RIVERA, J.P., FLORIO, ENG, HALL and COHEN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court