People v Aviles, 2018 NY Slip Op 07321 [165 AD3d 1278]

October 31, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Vidal Aviles, Appellant.

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

Timothy D. Sini, District Attorney, Riverhead, NY (Elizabeth Miller of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Richard Ambro, J.), rendered May 6, 2016, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Bryant , 28 NY3d 1094 , 1096 [2016]; People v Sanders , 25 NY3d 337 , 339-342 [2015]; People v Lopez , 6 NY3d 248 , 256-257 [2006]). The defendant’s valid appeal waiver precludes appellate review of his contention that the sentence imposed was excessive ( see People v Lopez , 6 NY3d at 255-256; People v Dietz , 152 AD3d 717 [2017]). Rivera, J.P., Maltese, Barros and Christopher, JJ., concur..