PEOPLE v. RODRIGUEZ (2025)

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Hyun Chin Kim, J.), imposed March 21, 2025, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the County Court's explanation regarding the waiver of his right to appeal was not deficient (see People v. Gutierrez, 237 A.D.3d 743, 743, 230 N.Y.S.3d 683;  People v. Sorino, 235 A.D.3d 782, 783, 226 N.Y.S.3d 598).  Furthermore, since the defendant was advised of the maximum sentence that could be imposed if he failed to comply with the conditions of his interim probation, the valid waiver of his right to appeal precludes appellate review of his contention that the sentence of incarceration imposed upon his failure to so comply was excessive (see People v. Humbach, 153 A.D.3d 637, 638, 57 N.Y.S.3d 406;  see also People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416).

IANNACCI, J.P., CHRISTOPHER, VOUTSINAS, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.