People v Allen, 2023 NY Slip Op 03012 [217 AD3d 677]

June 7, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Kenneth D. Allen, Appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Glenn Green of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Timothy Mazzei, J.), imposed August 10, 2017, 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 Lopez , 6 NY3d 248 , 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive ( see id . at 255-256). Barros, J.P., Brathwaite Nelson, Maltese, Ford and Warhit, JJ., concur..