People v Harris, 2024 NY Slip Op 04570 [230 AD3d 1336]

September 25, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Eric Harris, Appellant.

Patricia Pazner, New York, NY (Joshua M. Levine of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Thomas B. Litsky, Timothy Pezzoli, and James Gandia of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Mario F. Mattei, J.), imposed January 12, 2023, 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 [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 Lopez , 6 NY3d at 255-256). Connolly, J.P., Chambers, Christopher and Landicino, JJ., concur..