| People v Vasquez |
| 2015 NY Slip Op 06832 [131 AD3d 1076] |
| September 16, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Daniel Vasquez, Appellant. |
Lynn W. L. Fahey, New York, N.Y. (Tammy E. Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel; Deanna Russo on thememorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Braun, J.), imposed May 9, 2013, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's valid waiver of his right to appeal precludes review of his contentionthat the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d248, 255 [2006]; People vBrown, 122 AD3d 133 [2014]). However, to the extent that the defendantasserts that the Supreme Court failed to exercise its discretion at sentencing (cf.People v Farrar, 52 NY2d 302, 306 [1981]), that contention survives the defendant'svalid waiver of his right to appeal (see People v Gary, 106 AD3d 932, 933 [2013]; People v Nolcox, 40 AD3d1128 [2007]). Nevertheless, the record reveals that the court providently exercisedits discretion at sentencing, upon consideration, inter alia, of the probation report andstatements made at sentencing (see People v Gray, 51 AD3d 945 [2008]; People v Vega, 51 AD3d694 [2008]). Eng, P.J., Rivera, Hall, Austin and Cohen, JJ., concur.