Opinion
2017–12772 Ind. No. 463/17
04-27-2022
The PEOPLE, etc., respondent, v. Yuriy YAKUBOV, appellant.
Patricia Pazner, New York, NY (Anders Nelson of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Rebecca Nealon of counsel), for respondent.
Patricia Pazner, New York, NY (Anders Nelson of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Rebecca Nealon of counsel), for respondent.
MARK C. DILLON, J.P., ANGELA G. IANNACCI, REINALDO E. RIVERA, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leslie G. Leach, J.), rendered October 27, 2017, convicting him of criminal possession of stolen property in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 254, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The totality of the circumstances, including the nature and terms of the plea agreement, the defendant's consultation with counsel and his on-the-record acknowledgments of understanding, reveals that the defendant understood the nature of the appellate rights being waived (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). The defendant's contention that his sentence violated the Eighth Amendment prohibition against cruel and unusual punishment is precluded by his valid waiver of the right to appeal (see People v. Florio, 179 A.D.3d 834, 835, 113 N.Y.S.3d 886 ; People v. Rodriguez, 82 A.D.3d 794, 795, 917 N.Y.S.2d 917 ), as is his contention that this Court should exercise its interest-of-justice jurisdiction to reduce the sentence (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
DILLON, J.P., IANNACCI, RIVERA and WOOTEN, JJ., concur.