PEOPLE v. FREISTAT (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Ira H. Margulis, J.), rendered April 2, 2019, convicting him of assault in the first degree and resisting arrest, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant validly waived his right to appeal.  Although the written waiver of the right to appeal included incorrect statements of the applicable law, the record demonstrates that, under the totality of the circumstances, including the Supreme Court's oral colloquy, the defendant's consultation with counsel, and his age and experience, the defendant had a full appreciation of the terms and consequences of the appeal waiver (see People v. Stacker, 206 AD3d 766, 766;  People v. Yakubov, 204 AD3d 1043, 1044;  People v. Lawrence, 184 AD3d 587, 587).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence was excessive (see People v. Lawrence, 184 AD3d at 587).

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