Opinion
2022–00681 Ind. No. 70328/21
03-22-2023
The PEOPLE, etc., respondent, v. Kenneth WASHINGTON, appellant.
Samuel S. Cole, White Plains, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
Samuel S. Cole, White Plains, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
BETSY BARROS, J.P., CHERYL E. CHAMBERS, JOSEPH A. ZAYAS, HELEN VOUTSINAS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered January 13, 2022, convicting him of 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 contention that the County Court failed to adequately address his pro se speedy trial motion is unpreserved for appellate review (see CPL 470.05[2] ), and we decline to reach the contention in the exercise of our interest of justice jurisdiction.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 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 the sentence imposed was excessive (see People v. Stevens, 203 A.D.3d 958, 163 N.Y.S.3d 615 ).
BARROS, J.P., CHAMBERS, ZAYAS and VOUTSINAS, JJ., concur.