Opinion
2016–01740, 2016–01742 Ind. Nos. 97/14 1473/14
06-27-2018
The PEOPLE, etc., respondent, v. William SAWYER, appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Victoria Randall on the brief), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Victoria Randall on the brief), for respondent.
LEONARD B. AUSTIN, J.P., SHERI S. ROMAN, ROBERT J. MILLER, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Queens County (Marcia Hirsch, J.), both rendered January 27, 2016, convicting him of burglary in the third degree and petit larceny under indictment No. 97/14, and burglary in the third degree and petit larceny under indictment No. 1473/14, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The record demonstrates that the defendant's waiver of the right to appeal was knowing, intelligent, and voluntary (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes review of his claim that the Supreme Court improvidently exercised its discretion in declining to afford him a second chance to attend a substance abuse treatment program after he violated the plea agreement and in imposing an enhanced sentence, as well as his claim that the enhanced sentence was excessive (see People v. Catanzaro, 157 A.D.3d 961, 67 N.Y.S.3d 493 ; People v. Gary, 106 A.D.3d 932, 932–933, 964 N.Y.S.2d 656 ; People v. McKay, 106 A.D.3d 837, 837–838, 965 N.Y.S.2d 879 ; People v. Emma, 101 A.D.3d 1146, 1147, 956 N.Y.S.2d 495 ).
AUSTIN, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.