People v Witherspoon
2014 NY Slip Op 05456 [119 AD3d 879]
July 23, 2014
Appellate Division, Second Department
As corrected through Wednesday, August 27, 2014


[*1]
1 The People of the State of New York,Respondent,
v
Elijah Witherspoon, Appellant.

Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), forappellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove andLinda Breen of counsel; Robert Ho on the brief), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Cyrulnik, J.), imposed December 17, 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 Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d248, 255-257 [2006]). Eng, P.J., Dillon, Lott, Sgroi and Maltese, JJ., concur.


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