Opinion
05-25-2016
The PEOPLE, etc., respondent, v. Jose OVIEDO, appellant.
Scott M. Bishop, White Plains, NY, for appellant. James A. McCarty, Acting District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
Scott M. Bishop, White Plains, NY, for appellant.
James A. McCarty, Acting District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered June 26, 2014, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3), upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his enhanced sentence was excessive (see People v. Frazier, 127 A.D.3d 1229, 1230, 7 N.Y.S.3d 523 ; People v. Sanchez, 122 A.D.3d 778, 779, 995 N.Y.S.2d 609 ; People v. Duryea, 116 A.D.3d 709, 710, 983 N.Y.S.2d 99 ; People v. Smith, 102 A.D.3d 896, 897, 958 N.Y.S.2d 204 ; People v. Arrington, 94 A.D.3d 903, 941 N.Y.S.2d 877 ; People v. Gonzalez, 93 A.D.3d 679, 939 N.Y.S.2d 714 ).
BALKIN, J.P., DICKERSON, SGROI and MALTESE, JJ., concur.