People v. Hubbard

Feb 21, 2006
Reporters:
,

Ordered that the judgment is affirmed.

The defendant‘s valid waiver of his right to appeal precludes review of his challenge to the sentence as excessive (see People v Lopez, 6 NY3d 248 [2006]; People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v Iorio, 276 AD2d 564 [2000]). 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 Manzullo, 14 AD3d 717 [2005]).

Based on the record, a sentence of lifetime probation was not available to the defendant because, inter alia, the People did not recommend such a sentence (see Penal Law § 65.00 [1] [b]). Accordingly, the defendant‘s contentions that the sentencing court abused its discretion in failing to consider a sentence of lifetime probation, and that his trial counsel provided ineffective assistance by failing to advocate for a sentence of lifetime probation, are without merit (see Penal Law § 65.00 [1] [b]). Schmidt, J.P., Mastro, Spolzino and Lunn, JJ., concur.