People v Mackey

2013 NY Slip Op 06024 [109 AD3d 1008]

September 25, 2013

Appellate Division, Second Department

As corrected through Wednesday, October 30, 2013

The People of the State of New York,Respondent, v Tyrell Mackey, Appellant.

—[*1]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.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Foley, J.), imposed February 23, 2012, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes review of his contentionthat the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Bennett, 102 AD3d881 [2013]; People vPalmer, 95 AD3d 1039 [2012]; People v Foy, 89 AD3d 1103 [2011]). Eng, P.J., Skelos,Roman, Cohen and Hinds-Radix, JJ., concur.