| People v McCray |
| 2013 NY Slip Op 00769 [103 AD3d 666] |
| February 6, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Darnell McCray, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Lauren Tan of counsel), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the CountyCourt, Suffolk County (Hudson, J.), imposed October 19, 2011, on the ground that thesentence was excessive.
Ordered that the sentence is affirmed.
"[B]efore a waiver of the right to appeal may be enforced, the record must beexamined to ensure that the waiver was voluntary, knowing and intelligent" (People vCallahan, 80 NY2d 273, 283 [1992]). The defendant voluntarily, knowingly, andintelligently waived his right to appeal when he pleaded guilty, as he signed a writtenwaiver of that right and orally acknowledged to the court that he understood the writtenwaiver.
Furthermore, there is no ambiguity on the record to suggest that the waiver wasineffective. Therefore, because the defendant's valid waiver of his right to appealencompasses the waiver of the right to invoke the Appellate Division's interest of justicejurisdiction to modify sentences, review of the defendant's contention that the sentenceimposed was excessive is precluded (see People v Lopez, 6 NY3d 248, 255 [2006]). Eng, P.J.,Skelos, Roman and Cohen, JJ., concur.