People v Hairston
2008 NY Slip Op 06463
Decided on July 29, 2008
Appellate Division, Second Department
This opinion is uncorrected and subject to revision before publication in the Official Reports.


Decided on July 29, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
JOSEPH COVELLO
WILLIAM E. McCARTHY
CHERYL E. CHAMBERS, JJ.

2007-05907
(Ind. No. 2510-05)

[*1]The People, etc., respondent,

v

Nathaniel Hairston, appellant. Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.





Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato
of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Crecca, J.), rendered June 6, 2007, convicting him of murder in the second 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 forecloses review of his claim that the sentence imposed is excessive (see People v Calvi, 89 NY2d 868, 871; People v Callahan, 80 NY2d 273, 280; People v Seaberg, 74 NY2d 1, 11).
SKELOS, J.P., SANTUCCI, COVELLO, McCARTHY and CHAMBERS, JJ., concur.

ENTER:
James Edward Pelzer
Clerk of the Court


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