Opinion
2017-12318
07-24-2019
The People of the State of New York, respondent, v. Ian Paltoo, appellant.
Paul Skip Laisure, New York, NY (Samuel R. Feldman of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Lorrie A. Zinno on the memorandum), for respondent.
CHERYL E. CHAMBERS JEFFREY A. COHEN BETSY BARROS FRANCESCA E. CONNOLLY, JJ. (S.C.I. No. 1913/17)
Paul Skip Laisure, New York, NY (Samuel R. Feldman of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Lorrie A. Zinno on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gia Morris, J., at plea; Suzanne Melendez, J., at sentence), imposed October 2, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bryant, 28 NY3d 1094; People v Batista, 167 AD3d 69, 75 n 1; People v Payton, 109 AD3d 940; People v Edmunson, 109 AD3d 621, 622; People v Pelaez, 100 AD3d 803, 803-804). 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 Bradshaw, 18 NY3d 257, 265; People v Ramos, 7 NY3d 737, 738; People v Lopez, 6 NY3d 248, 255).
BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court