Opinion
2017–03344 Ind.No. 193/16
03-27-2019
The PEOPLE, etc., respondent, v. Adolfo Rosa TIBURCIO, appellant.
Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Anne Grady of counsel), for respondent.
MARK C. DILLON, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed March 7, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's valid waiver of 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. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), which included both an oral and a written waiver (see People v. Bryant, 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; People v. Woodson, 165 A.D.3d 986, 83 N.Y.S.3d 915 ), precludes review of his contention that the sentence imposed was excessive (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lyons, 161 A.D.3d 1196, 74 N.Y.S.3d 500 ).
DILLON, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.