People v Saldivar, 2022 NY Slip Op 06269 [210 AD3d 806]
November 9, 2022
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Miguel Saldivar, Appellant.
Salvatore C. Adamo, New York, NY, for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Marion Tang of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Mark D. Cohen, J.), rendered May 14, 2019, convicting him of course of sexual conduct against a child in the first degree, criminal sexual act in the first degree, sexual abuse in the first degree, and endangering the welfare of a child, 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 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 the sentence imposed was excessive ( see People v Campbell , 192 AD3d 822 , 823 [2021]).
The defendant’s contention that he was denied the effective assistance of counsel regarding his decision to waive his right to appeal is without merit ( see People v Parson , 27 NY3d 1107 , 1108 [2016]; People v Flinn , 188 AD3d 1093 , 1094 [2020]; see generally People v Benevento , 91 NY2d 708, 714 [1998]; People v Baldi , 54 NY2d 137, 147 [1981]). Connolly, J.P., Iannacci, Ford and Voutsinas, JJ., concur..