People v. Rivera

188 A.D.3d 725

131 N.Y.S.3d 597 (Mem)

The PEOPLE, etc., respondent,

v.Rene RIVERA, appellant.

2018–13558

S.C.I No. 1489/18

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

Submitted—October 21, 2020

November 4, 2020

Laurette D. Mulry, Riverhead, N.Y. (Felice B. Milani of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello and Glenn Green of counsel), for respondent.

REINALDO E. RIVERA, J.P. JOSEPH J. MALTESE BETSY BARROS VALERIE BRATHWAITE NELSON ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Barbara Kahn, J.), rendered October 15, 2018, convicting him of sexual misconduct, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to his contention, the defendant's waiver of his right to prosecution by indictment was knowing, voluntary, and intelligent (see People v. Giddens, 172 A.D.3d 1402, 98 N.Y.S.3d 906 ; People v. Cardona–Velasquez, 152 A.D.3d 618, 55 N.Y.S.3d 672 ).

Further, contrary to his contention, the record demonstrates that the defendant's waiver of his right to appeal was knowing, voluntary, and intelligent (see People v. Thomas, 34 N.Y.3d 545, 559–565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ). The defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Rankine, 153 A.D.3d 732, 57 N.Y.S.3d 890 ; People v. Flowers, 152 A.D.3d 791, 56 N.Y.S.3d 470 ).

RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.