| People v Mizhirumbay-Guaman |
| 2013 NY Slip Op 05760 [109 AD3d 668] |
| August 28, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Juan Mizhirumbay-Guaman,Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Rockland County(Nelson, J.), rendered November 15, 2011, convicting him of rape in the first degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Although the Rockland County pre-printed form waiver of the right to appeal signedby the defendant contained erroneous statements with regard to the waiver of the right toappeal (see People v Edmunson, 109 AD3d 621 [2d Dept 2013]), the defendant'swaiver of his right to appeal was valid (see id.; People v Pelaez, 100 AD3d803, 804 [2012], lv denied 21 NY3d 945 [2013]). Thus, review of thedefendant's contention that the sentence imposed was excessive is precluded (see People v Bradshaw, 18NY3d 257 [2011]; People vLopez, 6 NY3d 248, 255 [2006]). Dillon, J.P., Hall, Roman and Cohen, JJ.,concur.