Opinion
2016–02406 Ind. No. 1977/15
10-16-2019
The PEOPLE, etc., Respondent, v. Louis H. ARIAS, Appellant.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Deanna Russo on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Richard Buchter, J.), imposed February 11, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Although the Supreme Court misstated the law by informing the defendant that the appeal waiver would preclude him from challenging his competency or raising issues that might affect the voluntariness of his plea (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Waldon, 157 A.D.3d 913, 914, 66 N.Y.S.3d 906 ), the court's overly broad explanation of the issues encompossed by the waiver of the right to appeal does not, standing alone, render the waiver involuntary (see People v. Pelaez, 100 A.D.3d 803, 954 N.Y.S.2d 554 ; cf. People v. Edmunson, 109 A.D.3d 621, 970 N.Y.S.2d 635 ). The record otherwise demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 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 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 ).
BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.