The People of the State of New York, Respondent, v Gregory Campbell, Appellant.
Appellate Division, Second Department
March 10, 2021
2021 NY Slip Op 01425 [192 AD3d 822]
Chambers, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 5, 2021
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Michael J. Curtis of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard Buchter, J.), rendered February 5, 2019, convicting him of attempted robbery in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant‘s contention that the sentence imposed on his conviction of attempted robbery in the first degree constitutes cruel and unusual punishment because his health conditions make him especially vulnerable to complications from COVID-19, is based on matters dehors the record, and thus, cannot be reviewed on direct appeal (see People v Walker, 189 AD3d 1619 [2020]).
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019]; People v Sanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant‘s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Hernandez, 189 AD3d 1263 [2020]). Chambers, J.P., Hinds-Radix, LaSalle and Iannacci, JJ., concur.