Opinion
2019–02982 Ind. No. 2343/18
03-10-2021
The PEOPLE, etc., respondent, v. Gregory CAMPBELL, appellant.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink and Patty C. Walton of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. ( Johnnette Traill and Michael J. Curtis of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Mark W. Vorkink and Patty C. Walton of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. ( Johnnette Traill and Michael J. Curtis of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard Buchter, J.), rendered February 5, 2019, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the sentence imposed on his conviction of attempted robbery in the first degree constitutes cruel and unusual punishment because his health conditions make him especially vulnerable to complications from COVID–19, is based on matters dehors the record, and thus, cannot be reviewed on direct appeal ( see People v. Walker, 189 A.D.3d 1619, 138 N.Y.S.3d 591 ).
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. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 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. Hernandez, 189 A.D.3d 1263, 134 N.Y.S.3d 276 ).
CHAMBERS, J.P., HINDS–RADIX, LASALLE and IANNACCI, JJ., concur.