PEOPLE v. LOPEZ (2025)

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (William L. DeProspo, J.), imposed June 28, 2018, upon his plea of guilty, on the ground that the sentence was illegal.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the period of postrelease supervision imposed should be modified (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  The defendant's challenge to the legality of his sentence survives the waiver of the right to appeal (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  However, contrary to the defendant's contention, the County Court properly sentenced him on both counts to which he pleaded guilty (see CPL 380.20;  cf.  People v. Tyrek M., 183 A.D.3d 915, 915–916, 122 N.Y.S.3d 549).

BARROS, J.P., MILLER, FORD, TAYLOR and GOLIA, JJ., concur.