People v. Luttrell

189 A.D.3d 1615

135 N.Y.S.3d 284 (Mem)

The PEOPLE, etc., respondent,

v.Damon T. LUTTRELL, appellant.

2018–00022

Ind. No. 47/17

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

Submitted—December 8, 2020

December 30, 2020

Carol Kahn, New York, NY, for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

LEONARD B. AUSTIN, J.P., SYLVIA O. HINDS–RADIX, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered November 20, 2017, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's waiver of his right to appeal was valid, as the record indicates that it was knowingly, voluntarily, and intelligently made (see People v. Sanders, 25 N.Y.3d 337, 340, 34 N.E.3d 344 [2015] ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Batista, 167 A.D.3d 69, 76–77, 86 N.Y.S.3d 492 [2018] ; People v. Arthur, 159 A.D.3d 710, 710, 69 N.Y.S.3d 498 [2018] ; see also People v. Brown, 122 A.D.3d 133, 144–145, 992 N.Y.S.2d 297 [2014] ; cf. People v. Bradshaw, 18 N.Y.3d 257, 265–266, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ; People v. Baldassarre, 175 A.D.3d 1315, 1316, 105 N.Y.S.3d 902 [2019] ; People v. Latham, 162 A.D.3d 1068, 1069–1070, 80 N.Y.S.3d 128 [2018] ). 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 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Seaberg, 74 N.Y.2d 1, 9, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989] ; People v. Arthur, 159 A.D.3d at 710, 69 N.Y.S.3d 498 ).

AUSTIN, J.P., HINDS–RADIX, CONNOLLY and BRATHWAITE NELSON, JJ., concur.