People v Foxworth
2018 NY Slip Op 03702 [161 AD3d 1103]
May 23, 2018
Appellate Division, Second Department
As corrected through Wednesday, June 27, 2018


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

Paul Skip Laisure, New York, NY (Cynthia Colt of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and William H. Branigan of counsel; Lorrie A. Zinno on the memorandum), forrespondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Dorothy Chin-Brandt, J., at plea; Stephanie Zaro, J., at sentence), imposedJanuary 20, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]; cf. People v Brown, 122 AD3d133, 145-146 [2014]). The defendant's valid waiver of his right to appeal precludes reviewof his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3dat 255-256). Scheinkman, P.J., Balkin, Sgroi, Brathwaite Nelson and Christopher, JJ.,concur.


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