The People, etc., respondent, v. Philip Hawthorne, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Philip Hawthorne, appellant.

2009–06830 (Ind.No. 669 /09)

Decided: June 07, 2011

MARK C. DILLON, J.P. JOSEPH COVELLO RUTH C. BALKIN PLUMMER E. LOTT SHERI S. ROMAN, JJ.

Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Andrew Dykens on the brief), for respondent.

Submitted—May 25, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chin–Brandt, J., at plea; Margulis, J., at sentence), rendered April 7, 2009, convicting him of use of a child in a sexual performance, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive (see People v. Ramos, 7 NY3d 737, 738; People v. Benitez, AD3d, 2011 N.Y. Slip Op 03867, *1 [2d Dept 2011] ).

DILLON, J.P., COVELLO, BALKIN, LOTT and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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