Opinion
2020–06809, 2020–06810 S.C.I. Nos. 1062/20, 1063/20
12-28-2022
The PEOPLE, etc., respondent, v. Carlos FIGUEROA, appellant. (Matter No. 1) The People, etc., respondent, v. Carlos Figueroa Anzo, appellant. (Matter No. 2)
Patricia Pazner, New York, NY (Michael Arthus of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel; Kenneth Cooper on the brief), for respondent.
Patricia Pazner, New York, NY (Michael Arthus of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel; Kenneth Cooper on the brief), for respondent.
COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, BARRY E. WARHIT, JJ.
DECISION & ORDER Appeal by the defendant from two judgments of the Supreme Court, Kings County (Matthew Sciarrino, J.), both rendered August 28, 2020, convicting him of burglary in the third degree under Superior Court Information No. 1062/20, and assault in the third degree under Superior Court Information No. 1063/20, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's contention that the sentences imposed violated the Eighth Amendment to the United States Constitution and article 1, section 5 of the New York Constitution, prohibiting cruel and unusual punishment, is precluded by his valid waiver of the right to appeal (see People v. Yakubov, 204 A.D.3d 1043, 1044, 165 N.Y.S.3d 355 ; People v. Florio, 179 A.D.3d 834, 835, 113 N.Y.S.3d 886 ; People v. Rodriguez, 82 A.D.3d 794, 795, 917 N.Y.S.2d 917 ), as is his contention that this Court should reduce his sentences in the interest of justice (see People v. Yakubov, 204 A.D.3d at 1044, 165 N.Y.S.3d 355 ).
DUFFY, J.P., MILLER, DOWLING and WARHIT, JJ., concur.