People v Barbosa, 2023 NY Slip Op 02533 [216 AD3d 812]

May 10, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Pedro Barbosa, Appellant.

Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Charles Pollak of counsel; Yasmine Subtyl on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Marcia P. Hirsch, J.), imposed May 16, 2022, 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 , 340-342 [2015]; People v Lopez , 6 NY3d 248 , 256-257 [2006]; People v Johnson , 106 AD3d 1331 , 1332 [2013]). 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 Morrow , 198 AD3d 922 , 923 [2021]). Dillon, J.P., Iannacci, Genovesi and Wan, JJ., concur..