Opinion
2017-11055 Ind. No. 1300/16
10-21-2020
The PEOPLE, etc., respondent, v. McKenney NIVOL, appellant.
Paul Skip Laisure, New York, N.Y. (Hannah Kon of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and William H. Branigan of counsel; Victoria Randall on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Hannah Kon of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and William H. Branigan of counsel; Victoria Randall on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gene Lopez, J.), imposed August 30, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The Supreme Court's oral colloquy with respect to the defendant's waiver of his right to appeal was sufficient to establish a knowing and voluntary waiver under the totality of the circumstances (see People v. Thomas, 34 N.Y.3d 545, 565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Marchetti, 185 A.D.3d 839, 125 N.Y.S.3d 577 ; cf. People v. Reynolds, 186 A.D.3d 1535, 129 N.Y.S.3d 495 [2d Dept. 2020] ). 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 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.