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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2000
272 A.D.2d 339 (N.Y. App. Div. 2000)

Opinion

Submitted January 28, 2000.

May 3, 2000.

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Rotker, J.), both imposed October 16, 1998, on the ground that the sentences are excessive.

Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John Castellano and Joyce Smith of counsel; Lorrie A. Zinno on the memorandum), for respondent.

GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, WILLIAM C. THOMPSON, GABRIEL M. KRAUSMAN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the sentences are affirmed.

As part of his plea agreements, the defendant was advised that if he was rearrested before the sentencing date the court would impose the maximum sentences. Additionally, the defendant knowingly, voluntarily, and intelligently executed a general waiver of his right to appeal. This waiver precludes appellate review of his claim that the enhanced sentences were excessive (see, People v. Miles, 268 A.D.2d 489 [2d Dept., Jan. 18, 2000]).

MANGANO, P.J., O'BRIEN, THOMPSON, KRAUSMAN and FEUERSTEIN, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
May 3, 2000
272 A.D.2d 339 (N.Y. App. Div. 2000)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EWART BROWN, appellant. (Ind. Nos…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 3, 2000

Citations

272 A.D.2d 339 (N.Y. App. Div. 2000)
708 N.Y.S.2d 302

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