People v Johnson, 2023 NY Slip Op 03479 [217 AD3d 967]

June 28, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kamar Johnson, Appellant.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Mariana Zelig of counsel; Gianna Gambino on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Cassandra M. Mullen, J.), imposed August 19, 2021, 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 NY3d 545 [2019]; People v Lopez , 6 NY3d 248 [2006]). 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 NY3d at 255). Dillon, J.P., Iannacci, Genovesi and Wan, JJ., concur..