| People v Stewart |
| 2009 NY Slip Op 07663 [66 AD3d 924] |
| October 20, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Corey Stewart, Appellant. |
—[*1] Adam B. Levy, District Attorney, Carmel, N.Y. (Mary Jane MacCrae of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Putnam County (Reitz, J.),rendered May 13, 2008, convicting him of criminal sexual act in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the County Court properly denied that branch of hismotion which was to preclude the victim's father from making an oral statement at sentencingrelevant to the question of the defendant's sentence (see CPL 380.50 [2] [b]; People vIovinella, 295 AD2d 753 [2002]; cf. People v Jones, 287 AD2d 741 [2001];People v Richards, 158 AD2d 627 [1990]).
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 (see People v Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 255 [2006]; People v Seaberg, 74 NY2d 1, 9 [1989]). Skelos, J.P.,Florio, Balkin, Belen and Austin, JJ., concur.