People v Kim, 2020 NY Slip Op 00302 [179 AD3d 840]

January 15, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jay Kim, Appellant.

Janet E. Sabel, New York, NY (Lorca Morello of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Bijan J. Torabi on the brief), for respondent.

Appeals by the defendant from two judgments of the Supreme Court, Queens County (Joseph A. Zayas, J., at plea; John F. Zoll, J., at sentence), both rendered April 25, 2018, convicting him of robbery in the first degree under indictment No. 2645/17 and robbery in the first degree under indictment No. 2786/17, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

Contrary to the defendant’s contention, he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Ramos , 7 NY3d 737 , 738 [2006]; People v Lopez , 6 NY3d 248 , 256-257 [2006]). The record demonstrates that the defendant had a full appreciation of the consequences of the waiver, and understood that the appeal waiver was separate and distinct from those rights automatically forfeited upon his pleas of guilty ( see People v Sanders , 25 NY3d 337 , 340 [2015]; People v Bradshaw , 18 NY3d 257 , 264 [2011]; People v Lopez , 6 NY3d at 256; People v Rodriguez , 176 AD3d 1111 [2019]; People v Cottell , 172 AD3d 1223 , 1223 [2019]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive ( see People v Bradshaw , 18 NY3d at 265; People v Ramos , 7 NY3d at 738; People v Lopez , 6 NY3d at 255). Dillon, J.P., Cohen, Connolly and Christopher, JJ., concur..