Opinion
2021–04823 Ind. No. 523/20
09-27-2023
The PEOPLE, etc., respondent, v. Elliott SCOTT, appellant.
Stacy E. Albin–Leone, Long Beach, NY, for appellant, and appellant pro se. Anne T. Donnelly, District Attorney, Mineola, NY (Jared A. Chester of counsel; Matthew C. Frankel on the brief), for respondent.
Stacy E. Albin–Leone, Long Beach, NY, for appellant, and appellant pro se.
Anne T. Donnelly, District Attorney, Mineola, NY (Jared A. Chester of counsel; Matthew C. Frankel on the brief), for respondent.
HECTOR D. LASALLE, P.J., BETSY BARROS, HELEN VOUTSINAS, LOURDES M. VENTURA, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered June 15, 2021, convicting him of kidnapping in the second degree, assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Francis, 215 A.D.3d 762, 762, 185 N.Y.S.3d 695 ; People v. Payne, 209 A.D.3d 1041, 177 N.Y.S.3d 333 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
LASALLE, P.J., BARROS, VOUTSINAS and VENTURA, JJ., concur.