People v Hunter, 2020 NY Slip Op 03407 [184 AD3d 754]

June 17, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Nashaun Hunter, Appellant.

Marianne Karas, Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio and Christine DiSalvo of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered November 16, 2016, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Sanders , 25 NY3d 337 , 339-342 [2015]; People v Lopez , 6 NY3d 248 , 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contentions that the Supreme Court improvidently exercised its discretion in declining to grant him youthful offender treatment, or that the sentence imposed was excessive ( see People v Benson , 177 AD3d 994 [2019]; see also People v Pacherille , 25 NY3d 1021 , 1023-1024 [2015]). Moreover, since the defendant’s claim of ineffective assistance of counsel does not relate to the voluntariness of the plea, the defendant’s valid and unrestricted waiver of his right to appeal forecloses appellate review of that claim ( see People v Ceparano , 96 AD3d 774 , 775 [2012]). Rivera, J.P., Balkin, Leventhal and Connolly, JJ., concur..