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People v Scott, 2023 NY Slip Op 04779 [219 AD3d 1532]

September 27, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Elliott Scott, Appellant.

Stacy E. Albin-Leone, Long Beach, NY, for appellant, and appellant pro se.

Anne T. Donnelly, District Attorney, Mineola, NY (Jared A. Chester of counsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered June 15, 2021, convicting him of kidnapping in the second degree, assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon 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]; People v Francis , 215 AD3d 762 , 762 [2023]; People v Payne , 209 AD3d 1041 [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 255-256).

The defendant’s remaining contentions are unpreserved for appellate review and, in any event, without merit. LaSalle, P.J., Barros, Voutsinas and Ventura, JJ., concur..