Opinion
2016–06202 Ind.No. 14–00156
12-26-2018
The PEOPLE, etc., Respondent, v. Robert HOBBS, Appellant.
James D. Licata, New City, N.Y. (Ellen O'Hara Woods of counsel), for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
James D. Licata, New City, N.Y. (Ellen O'Hara Woods of counsel), for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
MARK C. DILLON, J.P., SHERI S. ROMAN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Lopez , 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Lyons , 163 A.D.3d 589, 76 N.Y.S.3d 426 ), and he does not challenge the validity of this waiver (see People v. McMahon , 153 A.D.3d 728, 729, 57 N.Y.S.3d 897 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention with respect to the denial of that branch of his omnibus motion which was to suppress his statements to law enforcement officials, and his contention that the sentence imposed was excessive (see People v. Kemp , 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 ; People v. Lyons , 163 A.D.3d at 589, 76 N.Y.S.3d 426 ).
The defendant's remaining contention is without merit.
DILLON, J.P., ROMAN, MILLER and DUFFY, JJ., concur.