Opinion
2018–07709 Ind.No. 17–00533
01-15-2020
The PEOPLE, etc., Respondent, v. Lloyd TAYLOR, Appellant.
Del Atwell, East Hampton, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio, Kew Gardens, of counsel), for respondent.
Del Atwell, East Hampton, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio, Kew Gardens, of counsel), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered May 10, 2018, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant validly waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of the right to appeal forecloses appellate review of his challenge to the factual sufficiency of his plea allocution (see People v. Griffin , 167 A.D.3d 934, 88 N.Y.S.3d 348 ). The defendant's valid waiver of the right to appeal also precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez , 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Further, since the defendant does not claim that his plea was rendered involuntary as a result of counsel's alleged ineffectiveness, his contention that he was deprived of the effective assistance of counsel is also barred by his valid waiver of the right to appeal (see People v. Brown , 117 A.D.3d 962, 985 N.Y.S.2d 892 ; People v. Mejia , 112 A.D.3d 855, 976 N.Y.S.2d 570 ; People v. Dunne , 106 A.D.3d 928, 928–929, 964 N.Y.S.2d 663 ).
DILLON, J.P., COHEN, MILLER and IANNACCI, JJ., concur.