Opinion
05-09-2024
The PEOPLE of the State of New York, Respondent, v. Victor MATEO, Defendant-Appellant.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Leanna J. Duncan of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Jenay Nurse Guilford, Center for Appellate Litigation, New York (Leanna J. Duncan of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Katherine A. Triffon of counsel), for respondent.
Kern, J.P., Oing, Kennedy, Scarpulla, JJ.
Judgment, Supreme Court, Bronx County (Margaret L. Clancy, J.), rendered February 10, 2022, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 23 years, unanimously affirmed.
Defendant made a valid waiver of his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert. denied 589 U.S. —, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), which forecloses review of his challenge to the waiver of his right to be personally present at sentencing. Regardless of whether defendant validly waived his right to appeal, his claim is unpreserved, and we decline to address it in the interest of justice. As an alternative holding, we find that the record establishes that defendant had expressly and validly waived his right to be present (see People v. Rossborough, 27 N.Y.3d 485, 34 N.Y.S.3d 399, 54 N.E.3d 71 [2016]). We perceive no basis for reducing the sentence.