Opinion
2017–03801 2017–03802 Ind. No. 5387/16, S.C.I. No. 1767/17
06-26-2019
The PEOPLE, etc., Respondent, v. Jaime MENDOZA, Appellant.
Janet E. Sabel, New York, N.Y. (Eve Kessler of counsel) for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Eve Kessler of counsel) for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDERORDERED that the sentences are affirmed.
Contrary to the defendant's contention, the record of the plea proceeding relating to Indictment No. 5387/16 demonstrated that he knowingly, voluntarily, and intelligently waived his right to appeal with respect to that indictment (see People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Gonzalez, 164 A.D.3d 1362, 81 N.Y.S.3d 763 ; People v. Spitzer, 163 A.D.3d 591, 592, 76 N.Y.S.3d 410 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed thereon was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
The sentence imposed under Superior Court Information No. 1767/17 was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.