People v Porter
Appellate Division, Second Department
November 16, 2022
2022 NY Slip Op 06500 | 210 AD3d 911
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 4, 2023
Patricia Pazner, New York, NY (Anna Kou of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Lauren Slattery on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Raymond Rodriguez, J.), imposed September 12, 2019, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the defendant‘s contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019]; People v Lopez, 6 NY3d 248 [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 Lopez, 6 NY3d at 255-256). Duffy, J.P., Miller, Dowling and Warhit, JJ., concur.