People v Arteev
2014 NY Slip Op 06099 [120 AD3d 1255]
September 10, 2014
Appellate Division, Second Department
As corrected through Wednesday, October 29, 2014


[*1]
 The People of the State of New York,Respondent,
v
Dmitriy Arteev, Appellant.

Michael A. Fiechter, Bellmore, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Tammy J. Smiley of counsel;Matthew C. Frankel on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Nassau County(Delligatti, J.), rendered June 13, 2013, convicting him of promoting a sexualperformance by a child as a sexually motivated felony, upon his plea of guilty, andimposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly,voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d737, 738 [2006]; People vLopez, 6 NY3d 248, 256-257 [2006]). The defendant's valid waiver of his rightto appeal precludes appellate review of his contention that the sentence imposed wasexcessive (see People vBradshaw, 18 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d at255; People v Seaberg, 74 NY2d 1, 11 [1989]). Rivera, J.P., Roman, Sgroi andLaSalle, JJ., concur.


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