Opinion
2018–00022 Ind. No. 47/17
12-30-2020
The PEOPLE, etc., respondent, v. Damon T. LUTTRELL, appellant.
Carol Kahn, New York, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Carol Kahn, New York, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
LEONARD B. AUSTIN, J.P., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered November 20, 2017, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid, as the record indicates that it was knowingly, voluntarily, and intelligently made (see People v. Sanders, 25 N.Y.3d 337, 340, 34 N.E.3d 344 [2015] ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Batista, 167 A.D.3d 69, 76–77, 86 N.Y.S.3d 492 [2018] ; People v. Arthur, 159 A.D.3d 710, 710, 69 N.Y.S.3d 498 [2018] ; see also People v. Brown, 122 A.D.3d 133, 144–145, 992 N.Y.S.2d 297 [2014] ; cf. People v. Bradshaw, 18 N.Y.3d 257, 265–266, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ; People v. Baldassarre, 175 A.D.3d 1315, 1316, 105 N.Y.S.3d 902 [2019] ; People v. Latham, 162 A.D.3d 1068, 1069–1070, 80 N.Y.S.3d 128 [2018] ). 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 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989] ; People v. Arthur, 159 A.D.3d at 710, 69 N.Y.S.3d 498 ).
AUSTIN, J.P., HINDS–RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.