People v. Martinez

• Decision Date: 24 December 2019
• Docket Number: 2018–08159,Ind.No. 718/16
• Citation: 112 N.Y.S.3d 565 (Mem),178 A.D.3d 1079
• Parties: The PEOPLE, etc., Respondent, v. David MARTINEZ, Appellant.
• Court: New York Supreme Court — Appellate Division

178 A.D.3d 1079

112 N.Y.S.3d 565 (Mem)

The PEOPLE, etc., Respondent,

v.David MARTINEZ, Appellant.

2018–08159

Ind.No. 718/16

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

Submitted—November 20, 2019

December 24, 2019

Paul Skip Laisure, New York, N.Y. (Sam Feldman of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Eleanor Reilly on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry Kron, J.), imposed May 24, 2018, upon his plea of guilty, on the ground that the sentence imposed 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. 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, 81, 86 N.Y.S.3d 492 ). 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. Lopez , 6 N.Y.3d 248, 261, 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 ).

BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.