Opinion
12-10-2014
The PEOPLE, etc., respondent, v. Aaron M. McRAE, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.
Opinion Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Efman, J.), imposed March 13, 2012, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record of the plea proceeding demonstrates that the defendant received “[an] explanation of the nature of the right to appeal and the consequences of waiving that right” (People v. Brown, 122 A.D.3d 133, 144, 992 N.Y.S.2d 297 ). Under the circumstances presented here, which include consideration of the defendant's individual characteristics, we conclude that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; 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, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 735, 675 N.Y.S.2d 327, 698 N.E.2d 46 ). Accordingly, the defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Hardy, 120 A.D.3d 1358, 992 N.Y.S.2d 339; People v. Arteev, 120 A.D.3d 1255, 991 N.Y.S.2d 776 ; People v. Alexander, 104 A.D.3d 862, 862, 960 N.Y.S.2d 659 ).
ENG, P.J., BALKIN, DICKERSON and MILLER, JJ., concur.