Opinion
2018–10524 Ind. No. 17–00454
12-04-2019
The PEOPLE, etc., Respondent, v. Stanley BAZILE, Appellant.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant. Kevin P. Gilleece, Acting District Attorney, New City, N.Y. (Tina L. Guccione of counsel; Coleen A. Forte on the brief), for respondent.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Kevin P. Gilleece, Acting District Attorney, New City, N.Y. (Tina L. Guccione of counsel; Coleen A. Forte on the brief), for respondent.
MARK C. DILLON, J.P., JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered August 8, 2018, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of the right to appeal was valid, as the record demonstrates that it was made knowingly, voluntarily, and intelligently (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Batista, 167 A.D.3d 69, 73, 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 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).
DILLON, J.P., COHEN, CONNOLLY and CHRISTOPHER, JJ., concur.