People v. Stiles

• Citation: 2016 N.Y. Slip Op. 06516,143 A.D.3d 747,38 N.Y.S.3d 436 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Tavajah STILES, appellant.
• Decision Date: 05 October 2016
• Court: New York Supreme Court Appellate Division

143 A.D.3d 747
38 N.Y.S.3d 436 (Mem)
2016 N.Y. Slip Op. 06516

The PEOPLE, etc., respondent,
v.
Tavajah STILES, appellant.

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

Oct. 5, 2016.

Lynn W.L. Fahey, New York, NY (Paul Skip Laisure of counsel; Lauren Margolies on the memorandum), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cyrulnik, J.), imposed March 5, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record of the plea proceeding demonstrates that he received an explanation of the nature of the right to appeal and the consequences of waiving that right (see People v. Romero–Flores, 128 A.D.3d 1102, 1102, 8 N.Y.S.3d 606 ; People v. McRae, 123 A.D.3d 848, 848–849, 996 N.Y.S.2d 531 ; People v. Brown, 122 A.D.3d 133, 144, 992 N.Y.S.2d 297 ). On the record presented, we conclude that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 735, 675 N.Y.S.2d 327, 698 N.E.2d 46 ). Accordingly, the defendant's valid waiver of his right to appeal precludes review of his contention that the sentence imposed was excessive (see People v. Hardy, 120 A.D.3d 1358, 1358, 991 N.Y.S.2d 904 ; People v. Arteev, 120 A.D.3d 1255, 1255, 991 N.Y.S.2d 776 ; People v. Alexander, 104 A.D.3d 862, 862, 960 N.Y.S.2d 659 ).

ENG, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.