Opinion
2019-06822 Ind. No. 2705/18
12-20-2023
The PEOPLE, etc., respondent, v. Arcadio REYES–GUZMAN, appellant.
Patricia Pazner, New York, NY (Marissa Reap of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle S. Fenn of counsel; Deanna Russo on the memorandum), for respondent.
Patricia Pazner, New York, NY (Marissa Reap of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle S. Fenn of counsel; Deanna Russo on the memorandum), for respondent.
FRANCESCA E. CONNOLLY, J.P., ANGELA G. IANNACCI, PAUL WOOTEN, LILLIAN WAN, 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 May 29, 2019, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant validly waived his right to appeal. Although the written waiver of the right to appeal included incorrect statements of the applicable law, the record demonstrates that, under the totality of the circumstances, including the Supreme Court's oral colloquy, the defendant's consultation with counsel, and the defendant's age and experience, the defendant had a full appreciation of the terms and consequences of the appeal waiver (see People v. Stacker, 206 A.D.3d 766, 766, 167 N.Y.S.3d 800 ; People v. Yakubov, 204 A.D.3d 1043, 1044, 165 N.Y.S.3d 355 ; People v. Lawrence, 184 A.D.3d 587, 587, 123 N.Y.S.3d 530 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence was excessive (see People v. Lawrence, 184 A.D.3d at 587, 123 N.Y.S.3d 530 ).
CONNOLLY, J.P., IANNACCI, WOOTEN and WAN, JJ., concur.