The People, etc., respondent, v. Jonathan Spencer, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Jonathan Spencer, appellant.

2010–09722 (Ind.No. 1249 /09)

Decided: November 29, 2011

REINALDO E. RIVERA, J.P. ANITA R. FLORIO RANDALL T. ENG L. PRISCILLA HALL JEFFREY A. COHEN, JJ.

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.

Submitted—November 16, 2011

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law