| People v McRae |
| 2014 NY Slip Op 08664 [123 AD3d 848] |
| December 10, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Aaron M. McRae, Appellant. |
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan ofcounsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the CountyCourt, Suffolk County (Efman, J.), imposed March 13, 2012, on the ground that thesentence was excessive.
Ordered that the sentence is affirmed.
The record of the plea proceeding demonstrates that the defendant received "[an]explanation of the nature of the right to appeal and the consequences of waiving thatright" (People v Brown, 122AD3d 133, 144 [2014]). Under the circumstances presented here, which includeconsideration of the defendant's individual characteristics, we conclude that thedefendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People vBradshaw, 18 NY3d 257, 264-267 [2011]; People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d248, 255 [2006]; People v Hidalgo, 91 NY2d 733, 735 [1998]).Accordingly, the defendant's valid waiver of his right to appeal precludes review of hiscontention that the sentence imposed was excessive (see People v Hardy, 120 AD3d 1357 [2014]; People v Arteev, 120 AD3d1255 [2014]; People vAlexander, 104 AD3d 862, 862 [2013]). Eng, P.J., Balkin, Dickerson andMiller, JJ., concur.