Opinion
2017–12794 Ind. No. 448/16
12-16-2020
The PEOPLE, etc., respondent, v. Angel HERNANDEZ, appellant.
Janet E. Sabel, New York, N.Y. (Jose David Rodriguez Gonzalez of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Danielle S. Fenn of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Jose David Rodriguez Gonzalez of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (Danielle S. Fenn of counsel; Lorrie A. Zinno on the memorandum), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Leslie Leach, J.), imposed October 27, 2017, upon his plea of guilty, on the ground that the sentence was excessive. ORDERED that the sentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Pettiford, 187 A.D.3d 1062, 131 N.Y.S.3d 173 ). 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. Monk, 186 A.D.3d 623, 624, 126 N.Y.S.3d 666 ).
MASTRO, J.P., MILLER, DUFFY, LASALLE and WOOTEN, JJ., concur.