Opinion
2016–07687 2016–07688 Ind. Nos. 38/15, 55/15
06-05-2019
The PEOPLE, etc., Respondent, v. Nathaniel COTTRELL, Appellant.
Janet E. Sabel, New York, N.Y. (Eve Kessler ), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Eve Kessler ), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Richmond County (Stephen J. Rooney, J.), both imposed January 22, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The defendant's pleas of guilty included a waiver of his right to appeal. Contrary to the defendant's contentions, the record amply demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; 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, 86 N.Y.S.3d 492 ; People v. Howard, 160 A.D.3d 897, 71 N.Y.S.3d 896 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ).
Where, as in this case, the defendant has entered into a plea of guilty that includes a valid waiver of the right to appeal, that waiver includes any challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Accordingly, the defendant's valid waiver of his right to appeal precludes review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.