People v. Crews
| Decision Date | 14 February 2012 |
| Citation | 938 N.Y.S.2d 475,92 A.D.3d 795,2012 N.Y. Slip Op. 01267 |
| Parties | The PEOPLE, etc., respondent, v. Alvin E. CREWS, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Maureen Galvin Dwyer, Northport, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.), rendered March 9, 2011, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal at his plea allocution ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Muniz, 91 N.Y.2d 570, 673 N.Y.S.2d 358, 696 N.E.2d 182; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022). The fact that the defendant was advised of his right to appeal at the end of the sentencing proceeding did not vitiate his valid waiver of that right ( see People v. Moissett, 76 N.Y.2d 909, 912, 563 N.Y.S.2d 43, 564 N.E.2d 653; People v. Charpentier, 44 A.D.3d 680, 843 N.Y.S.2d 380; People v. Hubbard, 26 A.D.3d 446, 810 N.Y.S.2d 491; People v. Manzullo, 14 A.D.3d 717, 789 N.Y.S.2d 246).
The defendant's valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of his plea allocution ( see People v. Hardee, 84 A.D.3d 835, 922 N.Y.S.2d 785; People v. Brown, 78 A.D.3d 723, 909 N.Y.S.2d 662; People v. Budden, 77 A.D.3d 672, 908 N.Y.S.2d 362; People v. Johnson, 73 A.D.3d 951, 899 N.Y.S.2d 875), and of his claim that his sentence was excessive ( see People v. Ramos, 7 N.Y.3d at 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Hawthorne, 85 A.D.3d 819, 924 N.Y.S.2d 822; People v. Benitez, 84 A.D.3d 826, 827, 922 N.Y.S.2d 797; People v. Sorino, 82 A.D.3d 911, 912, 918 N.Y.S.2d 348).
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