Opinion
2016–10295 Ind. No. 976/15
10-31-2018
The PEOPLE, etc., Respondent, v. Juan GARCIA, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Timothy Mazzei, J.), rendered August 16, 2016, convicting him of criminal possession of a controlled substance in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bryant, 28 N.Y.3d 1094, 68 N.E.3d 60 ; People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of his right to appeal precludes review of his contentions regarding the denial of his suppression motion and the excessiveness of his sentence (see People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Corbin, 121 A.D.3d 803, 993 N.Y.S.2d 746 ; People v. Abdul, 112 A.D.3d 644, 976 N.Y.S.2d 187 ).
BALKIN, J.P., AUSTIN, LASALLE and IANNACCI, JJ., concur.