Opinion
2018–03343 Ind. No. 15–01303
12-18-2019
The PEOPLE, etc., Respondent, v. Berinzon MORONTA, Appellant.
Marianne Karas, Thornwood, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
Marianne Karas, Thornwood, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a resentence of the County Court, Westchester County (Barry E. Warhit, J.), imposed February 28, 2018, upon his conviction of manslaughter in the first degree, upon his plea of guilty.
ORDERED that the resentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista , 167 A.D.3d 69, 74, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v. Pacherille , 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Basurto–Lopez , 166 A.D.3d 643, 643, 84 N.Y.S.3d 905 ).
The defendant's valid waiver of his right to appeal also precludes appellate review of his contention that his counsel was ineffective at resentencing, as his contention does not relate to the voluntariness of his plea (see People v. Joseph , 142 A.D.3d 627, 627, 36 N.Y.S.3d 605 ; People v. Tarrant , 114 A.D.3d 710, 711, 979 N.Y.S.2d 827 ). Additionally, the defendant's valid waiver of his right to appeal precludes appellate review of his contention that his resentence was excessive (see People v. Ayala , 172 A.D.3d 1085, 1087, 100 N.Y.S.3d 334 ; People v. McLeggan , 156 A.D.3d 903, 903, 65 N.Y.S.3d 768 ).
CHAMBERS, J.P., MALTESE, LASALLE and CONNOLLY, JJ., concur.