People v Degroat
2016 NY Slip Op 05167 [140 AD3d 1185]
June 29, 2016
Appellate Division, Second Department
As corrected through Wednesday, August 3, 2016


[*1]
 The People of the State of New York,Respondent,
v
Daniel D. Degroat, Appellant.

Philip H. Schnabel, Chester, NY, for appellant.

David M. Hoovler, District Attorney, Middletown, NY (Robert H. Middlemiss ofcounsel; Frank R. Moy on the brief), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County(DeRosa, J.), rendered June 1, 2015, convicting him of burglary in the first degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's valid waiver of his right to appeal (see People v Ramos, 7 NY3d737, 738 [2006]; People vLopez, 6 NY3d 248, 257 [2006]; People v Muniz, 91 NY2d 570[1998]; People v Callahan, 80 NY2d 273, 283 [1992]) precludes appellate reviewof his claims that his preplea request to relieve his assigned counsel and to substitute newcounsel was improperly denied (see People v Forshey, 294 AD2d 868 [2002];People v Green, 156 AD2d 378 [1989]), and that the sentence imposed wasexcessive (see People v Seaberg, 74 NY2d 1, 11 [1989]; People v Hawthorne, 85 AD3d819 [2011]). Mastro, J.P., Austin, Sgroi and Maltese, JJ., concur.


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