People v Robinson, 2024 NY Slip Op 04578 [230 AD3d 1340]

September 25, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Divine Robinson, Appellant.

Patricia Pazner, New York, NY (Sarah B. Cohen of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Noah Wilpon on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Frances Y. Wang, J.), imposed February 6, 2023, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence 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 [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). Iannacci, J.P., Genovesi, Dowling, Wan and McCormack, JJ., concur..