People v Diaz, 2018 NY Slip Op 06259 [164 AD3d 1468]

September 26, 2018

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

David Diaz, Appellant.

Paul Skip Laisure, New York, NY (Denise A. Corsí of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan Dennehy of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Joseph E. Gubbay, J.), imposed February 26, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

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 Bryant , 28 NY3d 1094 , 1095-1096 [2016]; People v Sanders , 25 NY3d 337 , 339-342 [2015]; People v Hidalgo , 91 NY2d 733, 737 [1998]). To the extent that People v Cruzado (156 AD3d 899 [2017]) is to the contrary, it should no longer be followed. Scheinkman, P.J., Rivera, Austin, Cohen and Barros, JJ., concur..