PEOPLE v. TORRES (2005)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Hector TORRES, Defendant-Appellant.

Decided: April 26, 2005

ANDRIAS, J.P., SAXE, SULLIVAN, ELLERIN, WILLIAMS, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Robin Nichinsky of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Rachel S. Bromberg of counsel), for respondent.

Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered November 6, 2002, convicting defendant, upon his plea of guilty, of sodomy in the first degree, use of a child in a sexual performance (two counts), sexual abuse in the first and second degrees, promoting a sexual performance by a child, attempted disseminating indecent material to minors in the first degree, and possessing a sexual performance by a child, and sentencing him to an aggregate term of 19 years, unanimously affirmed.

Defendant's valid waiver of his right to appeal forecloses review of his excessive sentence claim (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989] ). Were we to review it, we would find it unavailing.

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