People v. Malary

181 N.Y.S.3d 468 (Mem)

The PEOPLE, etc., respondent,

v.Dante MALARY, appellant.

2020–06347

Ind. No. 788/16

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

Submitted—January 11, 2023

February 8, 2023

Patricia Pazner, New York, NY (David Fitzmaurice of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Darci Siegel on the memorandum), for respondent.

VALERIE BRATHWAITE NELSON, J.P., REINALDO E. RIVERA, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruth Shillingford, J.), rendered June 17, 2019, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment 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. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Williams, 203 A.D.3d 850, 851, 160 N.Y.S.3d 899 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista, 167 A.D.3d 69, 75, 86 N.Y.S.3d 492 ) and that the mandatory surcharge, DNA databank fee, and crime victim assistance fee should be vacated pursuant to CPL 420.35(2–a) (see People v. Martinez, 210 A.D.3d 1008, 176 N.Y.S.3d 920 ; People v. Montanez, 203 A.D.3d 755, 160 N.Y.S.3d 659 ).

BRATHWAITE NELSON, J.P., RIVERA, MALTESE and GENOVESI, JJ., concur.