| People v Benitez |
| 2011 NY Slip Op 03867 [84 AD3d 826] |
| May 3, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Robert Benitez, 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 (Rooney, J.),rendered November 14, 2007, convicting him of course of sexual conduct against a child in thesecond degree and sexual abuse in the first degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
By pleading guilty, the defendant forfeited his claim that he was deprived of his right totestify before the grand jury (see Peoplev DeLuca, 45 AD3d 777 [2007]; People v Standley, 269 AD2d 614, 615[2000]).
The defendant's valid waiver of his right to appeal precludes appellate review of his claimthat the agreed-upon sentence, which was, in fact, imposed, was excessive (see People v Ramos, 7 NY3d 737,738 [2006]; People v Lopez, 6NY3d 248, 255 [2006]; People v Callahan, 80 NY2d 273, 281 [1992]; People vSeaberg, 74 NY2d 1, 10 [1989]; People v Timberlake, 82 AD3d 1134 [2011]; People v Lewis, 73 AD3d 1212[2010]). Skelos, J.P., Dickerson, Hall, Austin and Miller, JJ., concur.