Opinion
2019-03760 Ind. 1397/18
07-07-2021
The People, etc., respondent, v. Carlos Luna, appellant.
Salvatore C. Adamo, New York, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
__A.D.3d __
Submitted - June 8, 2021
Salvatore C. Adamo, New York, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
MARK C. DILLON, J.P. LEONARD B. AUSTIN COLLEEN D. DUFFY BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Anthony Senft, Jr., J.), rendered March 15, 2019, convicting him of criminal possession of a controlled substance in the fourth degree and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 N.Y.3d 545, 564-565; People v Sanders, 25 N.Y.3d 337; People v Lopez, 6 N.Y.3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that his sentence was excessive (see People v Batista, 167 A.D.3d 69, 75), that he was denied the effective assistance of counsel (see People v Cardona, 177 A.D.3d 647), and that the hearing court erred in not suppressing physical evidence seized at a traffic stop (see People v Kemp, 94 N.Y.2d 831; People v Jones, 186 A.D.3d 856).
DILLON, J.P, AUSTIN, DUFFY and BARROS, JJ, concur