People v. Moronta

• Decision Date: 18 December 2019
• Docket Number: Ind. No. 15–01303,2018–03343
• Citation: 112 N.Y.S.3d 529 (Mem),178 A.D.3d 955
• Parties: The PEOPLE, etc., Respondent, v. Berinzon MORONTA, Appellant.
• Court: New York Supreme Court — Appellate Division

178 A.D.3d 955
112 N.Y.S.3d 529 (Mem)

The PEOPLE, etc., Respondent,
v.
Berinzon MORONTA, Appellant.

2018–03343
Ind. No. 15–01303

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

Submitted—October 8, 2019
December 18, 2019

Marianne Karas, Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Brian R. Pouliot and William C. Milaccio of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., JOSEPH J. MALTESE, HECTOR D. LASALLE, FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a resentence of the County Court, Westchester County (Barry E. Warhit, J.), imposed February 28, 2018, upon his conviction of

112 N.Y.S.3d 530

manslaughter in the first degree, upon his plea of guilty.

ORDERED that the resentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders , 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; 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 precludes appellate review of his contention that the sentencing court improvidently exercised its discretion in declining to grant him youthful offender treatment (see People v. Pacherille , 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Basurto–Lopez , 166 A.D.3d 643, 643, 84 N.Y.S.3d 905 ).

The defendant's valid waiver of his right to appeal also precludes appellate review of his contention that his counsel was ineffective at resentencing, as his contention does not relate to the voluntariness of his plea (see People v. Joseph , 142 A.D.3d 627, 627, 36 N.Y.S.3d 605 ; People v. Tarrant , 114 A.D.3d 710, 711, 979 N.Y.S.2d 827 ). Additionally, the defendant's valid waiver of his right to appeal precludes appellate review of his contention that his resentence was excessive (see People v. Ayala , 172 A.D.3d 1085, 1087, 100...