People v Delgado, 2018 NY Slip Op 05936 [164 AD3d 912]

August 29, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Cody Delgado, Appellant.

Paul Skip Laisure, New York, NY (David L. Goodwin of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Masha Simonova on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Martin P. Murphy, J.), imposed November 21, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Sanders , 25 NY3d 337 , 339-342 [2015]; People v Lopez , 6 NY3d 248 , 256-257 [2006]; cf. People v Brown , 122 AD3d 133 , 145-146 [2014]). 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 at 255-256). Scheinkman, P.J., Balkin, Sgroi, Brathwaite Nelson and Christopher, JJ., concur..