Opinion
03-08-2017
Steven A. Feldman, Uniondale, NY, for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.
Steven A. Feldman, Uniondale, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Efman, J.), rendered April 17, 2015, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 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 review of his challenge to the factual sufficiency of his plea allocution (see People v. Carle, 121 A.D.3d 1011, 993 N.Y.S.2d 918 ; People v. Devodier, 102 A.D.3d 884, 958 N.Y.S.2d 220 ; People v. Crews, 92 A.D.3d 795, 795–796, 938 N.Y.S.2d 475 ).
DILLON, J.P., CHAMBERS, SGROI, MALTESE and BARROS, JJ., concur.