People v Hawthorne

2011 NY Slip Op 05094 [85 AD3d 819]

June 7, 2011

Appellate Division, Second Department

As corrected through Wednesday, August 10, 2011

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

—[*1]Lynn W.L. Fahey, New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y.Brodt of counsel; Andrew Dykens on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Chin-Brandt, J., at plea; Margulis, J., at sentence), rendered April 7, 2009, convicting him of useof a child in a sexual performance, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

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 Benitez, 84AD3d 826,827 [2011]). Dillon, J.P., Covello, Balkin, Lott and Roman, JJ., concur.