People v Kirkorov

2009 NY Slip Op 09491 [68 AD3d 1014]

December 15, 2009

Appellate Division, Second Department

As corrected through Wednesday, February 10, 2010

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

—[*1]Steven Banks, New York, N.Y. (Natalie Rea of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and MerriTurk Lasky of counsel; Lorrie A. Zinno on the brief), for respondent.

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court,Queens County (McGann, J.), imposed July 25, 2006, upon his conviction of insurance fraud inthe third degree, after his plea of guilty.

Ordered that the sentence is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (seePeople v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 255[2006]; People v Seaberg, 74 NY2d 1, 9 [1989]). The defendant's valid and unrestrictedwaiver of his right to appeal precludes review of his claim that the sentence imposed wasexcessive (see People v Lopez, 6 NY3d at 256; People v Stewart, 66 AD3d 924[2009]; People v Cenname, 66 AD3d 795 [2009]; People v Powell, 60 AD3d974, 975 [2009]). Fisher, J.P., Angiolillo, Lott and Sgroi, JJ., concur.