PEOPLE v. MOROCHOMOROCHO (2026)

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (John B. Collins, J.), imposed December 21, 2023, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  The record also demonstrates that the appeal waiver did not encompass the purported waiver of the defendant's rights pursuant to Penal Law § 60.12. Thus, although improper, the purported waiver of the defendant's rights pursuant to Penal Law § 60.12 had no effect on the validity of the appeal waiver (see People v. Delarosa, 250 A.D.3d 625, 625–626, 260 N.Y.S.3d 307;  see generally People v. N.H., ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2026 WL 1096314, 2026 N.Y. Slip Op. 02437).

The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

IANNACCI, J.P., WOOTEN, WAN, GOLIA and OTTLEY, JJ., concur.