People v. Kirkorov

• Decision Date: 15 December 2009
• Docket Number: 2006-11138
• Citation: 68 A.D.3d 1014,2009 NY Slip Op 9491,889 N.Y.S.2d 862
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VLADIMIR KIRKOROV, Appellant.
• Court: New York Supreme Court — Appellate Division

68 A.D.3d 1014

2009 NY Slip Op 9491

889 N.Y.S.2d 862

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VLADIMIR KIRKOROV, Appellant.

2006-11138

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

Decided December 15, 2009.

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Queens County (McGann, J.), imposed July 25, 2006, upon his conviction of insurance fraud in the third degree, after his plea of guilty.

Ordered that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255 [2006]; People v Seaberg, 74 NY2d 1, 9 [1989]). The defendant's valid and unrestricted waiver of his right to appeal precludes review of his claim that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 256; People v Stewart, 66 AD3d 924 [2009]; People v Cenname, 66 AD3d 795 [2009]; People v Powell, 60 AD3d 974, 975 [2009]).

FISHER, J.P., ANGIOLILLO, LOTT and SGROI, JJ., concur.