Opinion
2017-09169 Ind. No. 2181/15
06-07-2023
The PEOPLE, etc., respondent, v. Kenneth D. ALLEN, appellant.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.
BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, JOSEPH J. MALTESE, WILLIAM G. FORD, BARRY E. WARHIT, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Timothy Mazzei, J.), imposed August 10, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see id. at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
BARROS, J.P., BRATHWAITE NELSON, MALTESE, FORD and WARHIT, JJ., concur.