Opinion
No. 2022-03872 Ind. No. 1049/20
05-10-2023
The People of the State of New York, respondent, v. Pedro Barbosa, appellant.
Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Charles Pollak of counsel; Yasmine Subtyl on the memorandum), for respondent.
Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Charles Pollak of counsel; Yasmine Subtyl on the memorandum), for respondent.
MARK C. DILLON, J.P. ANGELA G. IANNACCI LARA J. GENOVESI LILLIAN WAN, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Marcia P. Hirsch, J.), imposed May 16, 2022, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 N.Y.3d 337, 340-342; People v Lopez, 6 N.Y.3d 248, 256-257; People v Johnson, 106 A.D.3d 1331, 1332). 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 Morrow, 198 A.D.3d 922, 923).
DILLON, J.P., IANNACCI, GENOVESI and WAN, JJ., concur.