People v Benitez, 2019 NY Slip Op 08419 [177 AD3d 898]

November 20, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Adam Benitez, Appellant.

Janet E. Sabel, New York, NY (Simon Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Gamaliel Marrero of counsel; Anna Arena on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Evelyn J. Laporte, J.), imposed January 18, 2018, 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]). 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 [2006]). Dillon, J.P., Austin, Roman and Christopher, JJ., concur..