People v Byrd
2012 NY Slip Op 08146 [100 AD3d 1013]
November 28, 2012
Appellate Division, Second Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


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

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Maria Park ofcounsel; Jason D. Krumenaker on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.),rendered October 25, 2010, convicting him of burglary in the first degree, upon his plea of guilty,and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he validly waived his right to appeal. The SupremeCourt sufficiently "describ[ed] the nature of the right being waived without lumping that rightinto the panoply of trial rights automatically forfeited upon pleading guilty and elicit[ed]agreements of understanding from the defendant" (People v Lopez, 6 NY3d 248, 257 [2006]; cf. People v Bradshaw, 18 NY3d257, 265 [2011]). The defendant's valid waiver of his right to appeal precludes review of hiscontention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at255). Mastro, J.P., Skelos, Chambers and Sgroi, JJ., concur.


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