Opinion
No. 2006-06178.
December 23, 2008.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered May 30, 2006, convicting him of murder in the second degree and attempted robbery in the first degree (two counts), upon his plea of guilty, and imposing sentence.
Steven Banks, New York, N.Y. (Kristina Schwarz of counsel), for Appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Michael A. Wiesenfeld, and Ayelet Sela of counsel), for Respondent.
Before: Mastro, J.P., Miller, Balkin and McCarthy, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid ( see People v Holman, 89 NY2d 876, 878; People v Seaberg, 1A NY2d 1, 11 [1989]), and precludes review of his challenge to the factual sufficiency of his plea allocution ( see People v Murphy, 55 AD3d 930; People v McCarthy, 53 AD3d 589; People v Wager, 34 AD3d 505, 506; People v Curras,
1 AD3d 445) and his right to claim that the sentence imposed was excessive ( see People v Allen, 82 NY2d 761, 763; People v Coss, 309 AD2d 945; People v Acevedo, 216 AD2d 476).