Opinion
2016–11351 Ind.No. 1091/11
12-18-2019
The PEOPLE, etc., Respondent, v. Nolis OGANDO, Appellant.
Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Tina Grillo of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Kathleen Whooley of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Joseph N. Ferdenzi, and Tina Grillo of counsel), for respondent.
LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed. The defendant was convicted, upon his plea of guilty, of gang assault in the first degree, and his plea of guilty included a waiver of his right to appeal. Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos , 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Batista , 167 A.D.3d 69, 73, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions challenging the hearing court's suppression determination that his showup identification was not unduly suggestive (see People v. Callahan , 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Williams , 36 N.Y.2d 829, 370 N.Y.S.2d 904, 331 N.E.2d 684 ; People v. Garcia , 165 A.D.3d 1280, 1281, 84 N.Y.S.3d 806 ; People v. Corbin , 121 A.D.3d 803, 993 N.Y.S.2d 746 ), that he was improperly denied youthful offender treatment (see People v. Pacherille , 25 N.Y.3d 1021, 1023–1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Vasquez , 40 A.D.3d 1134, 1135, 837 N.Y.S.2d 693 ; People v. Lofton , 6 A.D.3d 629, 774 N.Y.S.2d 802 ), and that his sentence was excessive (see People v. Lopez , 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Callahan , 80 N.Y.2d at 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Seaberg , 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Thomas , 150 A.D.3d 770, 53 N.Y.S.3d 195 ; People v. Arias , 100 A.D.3d 914, 915, 953 N.Y.S.2d 892 ; People v. Hawthorne , 85 A.D.3d 819, 924 N.Y.S.2d 822 ; People v. Benitez , 84 A.D.3d 826, 827, 922 N.Y.S.2d 797 ; People v. Vasquez , 40 A.D.3d at 1135, 837 N.Y.S.2d 693 ).
AUSTIN, J.P., MILLER, MALTESE and BARROS, JJ., concur.