People v Herbert, 2019 NY Slip Op 09020 [178 AD3d 951]

December 18, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Johnnie L. Herbert, Appellant.

Alex Smith, Middletown, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Craig Stephen Brown, J.), imposed June 18, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

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 Sanders , 25 NY3d 337 [2015]; People v Lopez , 6 NY3d 248 , 255 [2006]). Balkin, J.P., Chambers, Cohen and Connolly, JJ., concur..