PEOPLE v. GRILLO (2024)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mark D. Cohen, J., at plea;  Richard Ambro, J., at sentence), rendered August 3, 2021, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the County Court improvidently exercised its discretion in imposing an enhanced sentence, as well as his contentions that the enhanced sentence was excessive and that the sentence constituted cruel and unusual punishment (see People v. Esson, 225 A.D.3d 786, 787, 205 N.Y.S.3d 496;  People v. Todarello, 185 A.D.3d 970, 970–971, 125 N.Y.S.3d 886;  People v. Catanzaro, 157 A.D.3d 961, 67 N.Y.S.3d 493).

IANNACCI, J.P., CHAMBERS, WARHIT and GOLIA, JJ., concur.