Opinion
2018–06030 Ind.No. 17–66
01-15-2020
The PEOPLE, etc., Respondent, v. Antonio TORRES, Appellant.
James D. Licata, New City, N.Y. (Ellen O'Hara Woods of counsel), for appellant. Thomas E. Walsh II, District Attorney, New City, N.Y. (Tina L. Guccione of counsel; Coleen A. Fortes on the brief), for respondent.
James D. Licata, New City, N.Y. (Ellen O'Hara Woods of counsel), for appellant.
Thomas E. Walsh II, District Attorney, New City, N.Y. (Tina L. Guccione of counsel; Coleen A. Fortes on the brief), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered March 14, 2018, convicting him of attempted course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid, as the record indicates that it was made knowingly, voluntarily, and intelligently (see People v. Thomas , ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545, 2019 WL 6312521 [Ct. App. 2019] ; People v. Sanders , 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos , 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Bazile , 178 A.D.3d 716, 111 N.Y.S.3d 209 [2d Dept. 2019] ). 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. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Seaberg , 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.