People v Jefferson
2013 NY Slip Op 01853 [104 AD3d 875]
March 20, 2013
Appellate Division, Second Department
As corrected through Wednesday, April 24, 2013


The People of the State of New York,Respondent,
v
Nireair Jefferson, Appellant.

[*1]Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel),for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Suffolk County (Condon, J.), imposed August 22, 2011, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

Under the circumstances of this case, including the defendant's " 'age, experience andbackground' " (People vBradshaw, 18 NY3d 257, 264 [2011] [emphasis omitted], quoting People vSeaberg, 74 NY2d 1, 11 [1989]), the defendant validly waived his right to appeal (see People v Lopez, 6 NY3d248, 254-255 [2006]; People v Panlall, 4 AD3d 540, 541 [2004]; cf. People v Bradshaw, 18NY3d 257 [2011]). The defendant's valid waiver of his right to appeal precludesreview of his contention that the sentence imposed was excessive (see People vBradshaw, 18 NY3d at 264-267; People v Ramos, 7 NY3d 737, 738 [2006]; People vLopez, 6 NY3d at 255). Mastro, J.P., Skelos, Roman and Cohen, JJ., concur.


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