PEOPLE v. FIERRO (2023)

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

The PEOPLE, etc., respondent, v. Alfredo FIERRO, appellant.

2022–01608

Decided: June 28, 2023

MARK C. DILLON, J.P., ANGELA G. IANNACCI, LARA J. GENOVESI, LILLIAN WAN, JJ.

Patricia Pazner, New York, NY (Tammy E. Linn of counsel; Russ Altman–Merino on the memorandum), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Wachs of counsel; Karen Abel–Bey on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Jane Tully, J.), imposed February 24, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 NY3d 337, 340–342; People v. Lopez, 6 NY3d 248, 256–257; People v. Diaz, 169 AD3d 1059). 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. Morrow, 198 AD3d 922, 923).

DILLON, J.P., IANNACCI, GENOVESI and WAN, JJ., concur.

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