People v Acuna, 2019 NY Slip Op 06784 [175 AD3d 1547]

September 25, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Christian Acuna, Appellant.

Janet E. Sabel, New York, NY (Jose David Rodriguez Gonzalez of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Jonathan K. Yi of counsel; Conor Ward on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Ira H. Margulis, J.), imposed February 1, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the defendant’s contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Sanders , 25 NY3d 337 [2015]; People v Bradshaw , 18 NY3d 257 [2011]; People v Lopez , 6 NY3d 248 [2006]; People v Batista , 167 AD3d 69 [2018]; People v Maisonet , 164 AD3d 608 [2018]). The defendant’s valid waiver of the right to appeal precludes appellate review of his contention that the sentence imposed was excessive ( see People v Lopez , 6 NY3d at 255-256). Dillon, J.P., Austin, Roman, Maltese and Christopher, JJ., concur..