People v. Arteev

• Decision Date: 10 September 2014
• Parties: The PEOPLE, etc., respondent, v. Dmitriy ARTEEV, appellant.
• Court: New York Supreme Court — Appellate Division

120 A.D.3d 1255

991 N.Y.S.2d 776

2014 N.Y. Slip Op. 06099

The PEOPLE, etc., respondent,

v.Dmitriy ARTEEV, appellant.

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

Sept. 10, 2014.

Michael A. Fiechter, Bellmore, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel; Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Delligatti, J.), rendered June 13, 2013, convicting him of promoting a sexual performance by a child as a sexually motivated felony, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal ( see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145). 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. 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 at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Seaberg, 74 N.Y.2d 1, 11, 543 N.Y.S.2d 968, 541 N.E.2d 1022).

RIVERA, J.P., ROMAN, SGROI and LaSALLE, JJ., concur.