People v Oviedo, 2016 NY Slip Op 04075 [139 AD3d 1091]

May 25, 2016

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jose Oviedo, Appellant.

Scott M. Bishop, White Plains, NY, for appellant.

James A. McCarty, Acting District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered June 26, 2014, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Sanders , 25 NY3d 337 , 339-342 [2015]; People v Lopez , 6 NY3d 248 , 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that his enhanced sentence was excessive ( see People v Frazier , 127 AD3d 1229 , 1230 [2015]; People v Sanchez , 122 AD3d 778 , 779 [2014]; People v Duryea , 116 AD3d 709 , 710 [2014]; People v Smith , 102 AD3d 896 , 897 [2013]; People v Arrington , 94 AD3d 903 [2012]; People v Gonzalez , 93 AD3d 679 [2012]). Balkin, J.P., Dickerson, Sgroi and Maltese, JJ., concur..