The People, etc., respondent, v. Tyrell Mackey, appellant.

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

The People, etc., respondent, v. Tyrell Mackey, appellant.

2012–02360 (Ind.No. 4596/08)

Decided: September 25, 2013

RANDALL T. ENG, P.J. PETER B. SKELOS SHERI S. ROMAN JEFFREY A. COHEN SYLVIA O. HINDS–RADIX, JJ. Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel;  Robert Ho on the memorandum), for respondent.

Submitted—April 26, 2013

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Foley, J.), imposed February 23, 2012, 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 review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 NY3d 248, 255;  People v. Bennett, 102 AD3d 881;  People v. Palmer, 95 AD3d 1039;  People v. Foy, 89 AD3d 1103).

ENG, P.J., SKELOS, ROMAN, COHEN and HINDS–RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

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