PEOPLE v. CARMAN (2023)

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

The PEOPLE, etc., respondent, v. Peter B. CARMAN, appellant.

2022–06291

Decided: November 01, 2023

BETSY BARROS, J.P., CHERYL E. CHAMBERS, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.

Richard L. Herzfeld, P.C., New York, NY, for appellant. Raymond A. Tierney, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Anthony Senft, Jr., J.), imposed May 24, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545; People v. Lopez, 6 NY3d 248). 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).

BARROS, J.P., CHAMBERS, FORD and VOUTSINAS, JJ., concur.

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