| People v Crews |
| 2012 NY Slip Op 01267 [92 AD3d 795] |
| February 14, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AlvinE. Crews, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.),rendered March 9, 2011, convicting him of robbery in the second degree, upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant knowingly, voluntarily, and intelligently waived his right to appeal at his pleaallocution (see People v Ramos, 7NY3d 737 [2006]; People v Muniz, 91 NY2d 570 [1998]; People v Seaberg,74 NY2d 1 [1989]). The fact that the defendant was advised of his right to appeal at the end ofthe sentencing proceeding did not vitiate his valid waiver of that right (see People vMoissett, 76 NY2d 909, 912 [1990]; People v Charpentier, 44 AD3d 680 [2007]; People v Hubbard, 26 AD3d 446[2006]; People v Manzullo, 14AD3d 717 [2005]).
The defendant's valid waiver of his right to appeal precludes review of his challenge to thefactual sufficiency of his plea allocution (see People v Hardee, 84 AD3d 835 [2011]; People v Brown, 78 AD3d 723[2010]; People v Budden, 77 AD3d672 [2010]; People v Johnson,73 AD3d 951 [2010]), and of his claim that his sentence was excessive (see People vRamos, 7 NY3d at 738; People vHawthorne, 85 AD3d 819 [2011]; People v Benitez, 84 AD3d 826, 827 [2011]; People v Sorino, 82 AD3d 911,912 [2011]). Rivera, J.P., Eng, Chambers, Sgroi and Miller, JJ., concur.