Opinion
2017-13345 Ind. No. 5916/16
11-06-2019
Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Julian Joiris of counsel; West Overstreet on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Julian Joiris of counsel; West Overstreet on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Dineen Riviezzo, J.), imposed October 16, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the defendant's contention, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista, 167 A.D.3d 69, 74, 86 N.Y.S.3d 492 ). 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. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.