People v. Gorbunov

• Decision Date: 12 May 2021
• Docket Number: Ind. No. 815/17,2019–08896
• Citation: 143 N.Y.S.3d 907 (Mem),194 A.D.3d 839
• Parties: The PEOPLE, etc., respondent, v. Roman S. GORBUNOV, appellant.
• Court: New York Supreme Court — Appellate Division

194 A.D.3d 839

143 N.Y.S.3d 907 (Mem)

The PEOPLE, etc., respondent,

v.Roman S. GORBUNOV, appellant.

2019–08896

Ind. No. 815/17

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

Submitted—April 21, 2021

May 12, 2021

Paul Skip Laisure, New York, NY, for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Nancy Fitzpatrick Talcott of counsel; Victoria Randall on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, BETSY BARROS, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Ira H. Margulis, J.), imposed July 9, 2019, 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, intelligently, and voluntarily waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Batista, 167 A.D.3d 69, 74, 86 N.Y.S.3d 492 ). The defendant's valid waiver of his right to appeal forecloses appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Batista, 167 A.D.3d at 78, 86 N.Y.S.3d 492 ).

DILLON, J.P., AUSTIN, BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.