People v D’Andria, 2019 NY Slip Op 01788 [170 AD3d 881]

March 13, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Cordell D’Andria, Appellant.

Christopher J. Cardinale, Walden, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (William C. Ghee of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Robert H. Freehill, J.), rendered January 25, 2017, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s plea of guilty included a waiver of his right to appeal. Contrary to the defendant’s contentions, the record amply demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Sanders , 25 NY3d 337 , 341-342 [2015]; People v Bradshaw , 18 NY3d 257 , 264 [2011]; People v Ramos , 7 NY3d 737 , 738 [2006]; People v Batista , 167 AD3d 69 [2018]; People v Howard , 160 AD3d 897 [2018]; People v Brown , 122 AD3d 133 , 145-146 [2014]).

Where, as in this case, the defendant has entered “into a guilty plea that includes a valid waiver of the right to appeal, that waiver includes any challenge to the severity of the sentence” ( People v Lopez , 6 NY3d 248 , 256 [2006]). Accordingly, the defendant’s valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive ( see People v Lopez , 6 NY3d at 256). Scheinkman, P.J., LaSalle, Barros and Iannacci, JJ., concur..