92 A.D.3d 795
N.Y. App. Div.
2012

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v ALVIN E. CREWS, Appellant.

Appellate Division of the Supreme Court of the State of New York

938 NYS2d 475

The defendant knowingly, voluntarily, and intelligently waived his right to appeal at his plea allocution (see People v Ramos, 7 NY3d 737 [2006]; People v Muniz, 91 NY2d 570 [1998]; People v Seaberg, 74 NY2d 1 [1989]). The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right (see People v Moissett, 76 NY2d 909, 912 [1990]; People v Charpentier, 44 AD3d 680 [2007]; People v Hubbard, 26 AD3d 446 [2006]; People v Manzullo, 14 AD3d 717 [2005]).

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 Hardee, 84 AD3d 835 [2011]; People v Brown, 78 AD3d 723 [2010]; People v Budden, 77 AD3d 672 [2010]; People v Johnson, 73 AD3d 951 [2010]), and of his claim that his sentence was excessive (see People v Ramos, 7 NY3d at 738; People v Hawthorne, 85 AD3d 819 [2011]; People v Benitez, 84 AD3d 826, 827 [2011]; People v Sorino, 82 AD3d 911, 912 [2011]).

Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.