| People v Barnett |
| 2013 NY Slip Op 05222 [108 AD3d 638] |
| July 10, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Leroy Barnett, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andMerri Turk Lasky of counsel; Andrew Dykens on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(McGann, J.), rendered March 14, 2011, convicting him of robbery in the second degreeand petit larceny, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, his waiver of his right to appeal was valid,which precludes review of his contention that his sentence was excessive (see People v Lopez, 6 NY3d248, 256 [2006]; People vKirkorov, 68 AD3d 1014 [2009]).
Contrary to the contentions raised in the defendant's pro se supplemental brief, thedefendant's challenge to the felony complaint is academic, since the felony complaintwas superseded by an indictment (see People v Anderson, 90 AD3d 1475, 1477 [2011]).
The defendant's remaining contentions, raised in his pro se supplemental brief, arewithout merit. Angiolillo, J.P., Dickerson, Sgroi and Hinds-Radix, JJ., concur.