People v Smith, 2024 NY Slip Op 02941 [227 AD3d 1112]

May 29, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Jamal Smith, Appellant.

Patricia Pazner, New York, NY (William Kastin and Elijah Giuliano of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (James Joseph Gandia and Thomas B. Litsky of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Alexander Jeong, J.), imposed August 3, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the defendant was not required to preserve for appellate review his challenge to the validity of the waiver of the right to appeal ( see People v Ricciardi , 186 AD3d 1264 [2020]). The record demonstrates that the defendant knowingly, willingly, and intelligently waived his right to appeal ( see People v Lopez , 6 NY3d 248 , 254 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive ( see id . at 255-256). Brathwaite Nelson, J.P., Christopher, Ford and Landicino, JJ., concur..