People v. Nivol

• Decision Date: 21 October 2020
• Docket Number: Ind. No. 1300/16,2017-11055
• Citation: 187 A.D.3d 1059,131 N.Y.S.3d 268 (Mem)
• Parties: The PEOPLE, etc., respondent, v. McKenney NIVOL, appellant.
• Court: New York Supreme Court — Appellate Division

187 A.D.3d 1059

131 N.Y.S.3d 268 (Mem)

The PEOPLE, etc., respondent,

v.McKenney NIVOL, appellant.

2017-11055

Ind. No. 1300/16

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

Submitted - September 30, 2020

October 21, 2020

Paul Skip Laisure, New York, N.Y. (Hannah Kon of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and William H. Branigan of counsel; Victoria Randall on the memorandum), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gene Lopez, J.), imposed August 30, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The Supreme Court's oral colloquy with respect to the defendant's waiver of his right to appeal was sufficient to establish a knowing and voluntary waiver under the totality of the circumstances (see People v. Thomas, 34 N.Y.3d 545, 565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Marchetti, 185 A.D.3d 839, 125 N.Y.S.3d 577 ; cf. People v. Reynolds, 186 A.D.3d 1535, 129 N.Y.S.3d 495 [2d Dept. 2020] ). 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, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.