People v Nivol, 2020 NY Slip Op 05938 [187 AD3d 1059]

October 21, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

McKenney Nivol, Appellant.

Paul Skip Laisure, New York, NY (Hannah Kon of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and William H. Branigan of counsel; Victoria Randall on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gene Lopez, J.), imposed August 30, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The Supreme Court’s oral colloquy with respect to the defendant’s waiver of his right to appeal was sufficient to establish a knowing and voluntary waiver under the totality of the circumstances ( see People v Thomas , 34 NY3d 545 , 565 [2019]; People v Marchetti , 185 AD3d 839 [2020]; cf. People v Reynolds , 186 AD3d 1535 [2d Dept 2020]). 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 248 , 255-256 [2006]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur..