PEOPLE v. FELIZ (2024)

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Michael J. Yavinsky, J.), imposed April 27, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was effective.  The Supreme Court properly advised the defendant, among other things, that the waiver of the right to appeal was separate and distinct from the waiver of a trial (see People v. Brown, 122 A.D.3d 133, 137, 992 N.Y.S.2d 297), and that the waiver of the right to appeal did not preclude him from taking an appeal (see People v. Thomas, 34 N.Y.3d 545, 558, 122 N.Y.S.3d 226, 144 N.E.3d 970).  Regarding the right to take an appeal, the court was clear that “most claims of error” would not be reviewable (see id. at 567, 122 N.Y.S.3d 226, 144 N.E.3d 970).  Thus, the defendant was aware that some issues would survive his appeal waiver (see People v. Stevens, 203 A.D.3d 958, 163 N.Y.S.3d 615).

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 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

IANNACCI, J.P., GENOVESI, DOWLING, WAN and MCCORMACK, JJ., concur.