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

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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

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