People v Marshall-Gibson, 2023 NY Slip Op 05152 [220 AD3d 809]

October 11, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Brian Marshall-Gibson, Appellant.

Jan Murphy, Huntington, NY, for appellant.

Anne T. Donnelly, District Attorney, Mineola, NY (Tammy J. Smiley and Autumn S. Hughes of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered August 24, 2020, convicting him of murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second 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 Sanders , 25 NY3d 337 , 340-342 [2015]; People v Lopez , 6 NY3d 248 , 256-257 [2006]; People v Stevens , 203 AD3d 958 [2022]). 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). Brathwaite Nelson, J.P., Maltese, Genovesi and Dowling, JJ., concur..