People v Powell
2009 NY Slip Op 02390 [60 AD3d 974]
March 24, 2009
Appellate Division, Second Department
As corrected through Wednesday, May 6, 2009


The People of the State of New York, Respondent,
v
ParisPowell, Appellant.

[*1]James D. Licata, New City, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel; Coleen A.Fortes on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered October 3, 2007, convicting him of driving while intoxicated as a felony, upon his pleaof guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid and unrestricted waiver of his right to appeal, executed as part of hisplea agreement, precludes review of his claim that the sentence imposed was excessive (seePeople v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255[2006]; People v Seaberg, 74 NY2d 1, 9 [1989]). Spolzino, J.P., Ritter, Covello andBelen, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.