Opinion
06-29-2016
The PEOPLE, etc., respondent, v. Daniel D. DEGROAT, appellant.
Philip H. Schnabel, Chester, NY, for appellant. David M. Hoovler, District Attorney, Middletown, NY (Robert H. Middlemiss of counsel; Frank R. Moy on the brief), for respondent.
Philip H. Schnabel, Chester, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Robert H. Middlemiss of counsel; Frank R. Moy on the brief), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered June 1, 2015, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's valid waiver of his right to appeal (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Muniz, 91 N.Y.2d 570, 673 N.Y.S.2d 358, 696 N.E.2d 182 ; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ) precludes appellate review of his claims that his preplea request to relieve his assigned counsel and to substitute new counsel was improperly denied (see People v. Forshey, 294 A.D.2d 868, 741 N.Y.S.2d 486 ; People v. Green, 156 A.D.2d 378, 548 N.Y.S.2d 903 ), and that the sentence imposed was excessive (see People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Hawthorne, 85 A.D.3d 819, 924 N.Y.S.2d 822 ).
MASTRO, J.P., AUSTIN, SGROI and MALTESE, JJ., concur.