People v. Scott

167 N.Y.S.3d 801 (Mem)

The PEOPLE, etc., respondent,

v.Lloyd SCOTT, appellant.

2020-00623

Ind. No. 18-00446

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

Submitted—May 18, 2022

June 8, 2022

Judith E. Permutt, Mount Vernon, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (William C. Milaccio of counsel), for respondent.

COLLEEN D. DUFFY, J.P., ANGELA G. IANNACCI, JOSEPH J. MALTESE, LARA J. GENOVESI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Westchester County (Barry E. Warhit, J.), imposed December 6, 2019, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Arce, 196 A.D.3d 696, 697, 148 N.Y.S.3d 687 ).

DUFFY, J.P., IANNACCI, MALTESE and GENOVESI, JJ., concur.