People v Brown

2006 NY Slip Op 01029

Decided on February 7, 2006

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 7, 2006
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
THOMAS A. ADAMS, J.P.
DAVID S. RITTER
GLORIA GOLDSTEIN
PETER B. SKELOS
MARK C. DILLON, JJ.
2004-09870






James D. Licata, New City, N.Y. (Lois Cappelletti of counsel),
for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y.
(Ellen O'Hara Woods of counsel),
for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered October 20, 2004, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenge to his sentence is precluded from review by his valid waiver of appeal (see People v Lococo, 92 NY2d 825, 827; People v Hidalgo, 91 NY2d 733, 737; People v Iorio, 276 AD2d 564). The recitation, following imposition of sentence, by the court clerk to the defendant of his right to appeal does not operate to vitiate the defendant's valid waiver of appeal (see People v Moissett, 76 NY2d 909, 912; People v Manzullo, 14 AD3d 717).
ADAMS, J.P., RITTER, GOLDSTEIN, SKELOS and DILLON, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court