The People, etc., respondent, v. Leroy Barnett, appellant. (2013)

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

The People, etc., respondent, v. Leroy Barnett, appellant.

2011–04244 (Ind.No. 2797 /09)

Decided: July 10, 2013

DANIEL D. ANGIOLILLO, J.P. THOMAS A. DICKERSON SANDRA L. SGROI SYLVIA HINDS–RADIX, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant, and appellant pro se. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Andrew Dykens on the brief), for respondent. Contrary to the contentions raised in the defendant's pro se supplemental brief, the defendant's challenge to the felony complaint is academic, since the felony complaint was superseded by an indictment (see People v Anderson, 90 AD3d 1475, 1477). The defendant's remaining contentions, raised in his pro se supplemental brief, are without merit.

Submitted—June 3, 2013

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 14, 2011, convicting him of robbery in the second degree and petit larceny, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his waiver of his right to appeal was valid, which precludes review of his contention that his sentence was excessive (see People v. Lopez, 6 NY3d 248, 256; People v. Kirkorov, 68 AD3d 1014).

ANGIOLILLO, J.P., DICKERSON, SGROI and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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