Opinion
2014-01-22
The PEOPLE, etc., respondent, v. William R. ERVING, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Condon, J.), imposed May 17, 2012, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's knowing, voluntary, and intelligent 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. Amaya, 98 A.D.3d 583, 949 N.Y.S.2d 641; cf. People v. Braithwaite, 73 A.D.3d 656, 901 N.Y.S.2d 269). ENG, P.J., RIVERA, CHAMBERS and AUSTIN, JJ., concur.