Opinion
2013-08-28
The PEOPLE, etc., respondent, v. Juan MIZHIRUMBAY–GUAMAN, appellant.
James D. Licata, New City, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
James D. Licata, New City, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered November 15, 2011, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Although the Rockland County pre-printed form waiver of the right to appeal signed by the defendant contained erroneous statements with regard to the waiver of the right to appeal ( see People v. Edmunson, 109 A.D.3d 621, 970 N.Y.S.2d 635 [2d Dept. 2013] ), the defendant's waiver of his right to appeal was valid ( see id.; People v. Pelaez, 100 A.D.3d 803, 804, 954 N.Y.S.2d 554,lv. denied21 N.Y.3d 945, 968 N.Y.S.2d 8, 990 N.E.2d 142). Thus, review of the defendant's contention that the sentence imposed was excessive is precluded ( see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).