People v Cortes, 2023 NY Slip Op 06053 [221 AD3d 908]

November 22, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Rubert F. Cortes, Appellant.

Richard L. Herzfeld, New York, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Craig Stephen Brown, J.), imposed November 14, 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 Thomas , 34 NY3d 545 [2019]; People v Lopez , 6 NY3d 248 , 256-257 [2006]). 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 Stevens , 203 AD3d 958 [2022]). Duffy, J.P., Maltese, Warhit and Ventura, JJ., concur..