People v. Amaya

• Decision Date: 08 August 2012
• Citation: 98 A.D.3d 583,2012 N.Y. Slip Op. 05926,949 N.Y.S.2d 641
• Parties: The PEOPLE, etc., respondent, v. Jose Luis Gomez AMAYA, appellant.
• Court: New York Supreme Court — Appellate Division

98 A.D.3d 583

949 N.Y.S.2d 641

2012 N.Y. Slip Op. 05926

The PEOPLE, etc., respondent,

v.Jose Luis Gomez AMAYA, appellant.

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

Aug. 8, 2012.

Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme*642Court, Suffolk County (R. Doyle, J.), imposed April 6, 2011, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's valid waiver of his right to appeal precludes appellate review of his claim that his sentence was excessive ( see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645;People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

MASTRO, A.P.J., DILLON, ENG, LOTT and MILLER, JJ., concur.