People v. Fabianpoma

176 A.D.3d 1099

108 N.Y.S.3d 882 (Mem)

The PEOPLE, etc., Respondent,

v.Daniel FABIANPOMA, Appellant.

2017–06828

Ind. No. 1600/16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 14, 2019

October 23, 2019

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Kathleen Becker Langlan and Marion Tang of counsel), for respondent.

LEONARD B. AUSTIN, J.P., JOHN M. LEVENTHAL, SHERI S. ROMAN, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mark D. Cohen, J.), rendered May 1, 2017, convicting him of rape in the first degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Basurto–Lopez, 166 A.D.3d 643, 643–644, 84 N.Y.S.3d 905 ; People v. Lafontant, 160 A.D.3d 662, 70 N.Y.S.3d 858 ).

The defendant's valid waiver of his right to appeal also precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

AUSTIN, J.P., LEVENTHAL, ROMAN and MILLER, JJ., concur.