People v. Miranda

People v Miranda (2016 NY Slip Op 07344)
People v Miranda
2016 NY Slip Op 07344
Decided on November 9, 2016
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 9, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SHERI S. ROMAN
COLLEEN D. DUFFY, JJ.

2014-07439
(Ind. No. 154/13)

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

v

Enrique Miranda, appellant.




Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Anne Grady of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rooney, J.), imposed April 4, 2014, upon his plea of guilty, 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 Sanders, 25 NY3d 337, 341; People v Ramos, 7 NY3d 737, 738; cf. People v Brown, 122 AD3d 133, 145-146).

ENG, P.J., CHAMBERS, AUSTIN, ROMAN and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court