Opinion
2017–10482 Ind. No. 7634/16
06-26-2019
The PEOPLE, etc., Respondent, v. Ascir WINFIELD, Appellant.
Paul Skip Laisure, New York, N.Y. (Samuel R. Feldman of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Anna Arena on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Samuel R. Feldman of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Anna Arena on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Suzanne Mondo, J., at plea; John T. Hecht, J., at sentencing), imposed August 2, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.The defendant's contention that the appeal waiver was imposed, sua sponte, by the Supreme Court as a condition of the plea agreement, without having been requested by the People, is not supported by the plea minutes. The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Bryant , 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 ; 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, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista , 167 A.D.3d 69, 86 N.Y.S.3d 492 ).
BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.