People v Lema-Naula, 2023 NY Slip Op 06753 [222 AD3d 997]

December 27, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Segundo Armando Lema-Naula, Appellant.

James D. Licata, New City, NY (Lois Cappelletti of counsel), for appellant.

Thomas E. Walsh II, District Attorney, New City, NY (James A. Dolan of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Larry J. Schwartz, J.), rendered June 4, 2021, convicting him of rape in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Thomas , 34 NY3d 545 [2019]; People v Lopez , 6 NY3d 248 , 256 [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). Brathwaite Nelson, J.P., Maltese, Dowling and Voutsinas, JJ., concur..