Opinion
2016–05186 S.C.I. No. 243/16
08-29-2018
The PEOPLE, etc., respondent, v. David JIMINEZ, appellant.
The Legal Aid Society, New York, N.Y. (Susan Epstein of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Ellie Reilly on the memorandum), for respondent.
The Legal Aid Society, New York, N.Y. (Susan Epstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Merri Turk Lasky of counsel; Ellie Reilly on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Dorothy Chin–Brandt, J., at plea; John F. Zoll, J., at sentence), imposed April 19, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see 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 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Foxworth, 161 A.D.3d 1103, 73 N.Y.S.3d 908 ).
SCHEINKMAN, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.