PEOPLE v. WAITERS (2024)

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Abena Darkeh, J.), imposed December 14, 2022, upon her 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 she knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Thomas, 34 N.Y.3d 545, 558–564, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 255–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Cabral, 223 A.D.3d 839, 839, 203 N.Y.S.3d 702).  The defendant's valid waiver of her right to appeal precludes appellate review of her contention that the sentence imposed was excessive (see People v. Cabral, 223 A.D.3d at 839, 203 N.Y.S.3d 702;  People v. Stevens, 203 A.D.3d 958, 959–960, 163 N.Y.S.3d 615).

DILLON, J.P., CHAMBERS, WARHIT and VENTURA, JJ., concur.