People v Valerio
2017 NY Slip Op 07285 [154 AD3d 887]
October 18, 2017
Appellate Division, Second Department
As corrected through Wednesday, November 29, 2017


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

Paul Skip Laisure, New York, NY, for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, Ellen C. Abbot, and Matthew Luongo of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Chin-Brandt, J., at plea; Zaro, J., at sentence), imposed January 13, 2016, uponhis plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]; cf. People v Brown, 122 AD3d133, 145-146 [2014]). The defendant's valid waiver of his right to appeal precludes reviewof his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3dat 255-256). Eng, P.J., Balkin, Roman, Hinds-Radix and Brathwaite Nelson, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.