| People v Jiminez |
| 2018 NY Slip Op 05939 [164 AD3d 914] |
| August 29, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v David Jiminez, Appellant. |
The Legal Aid Society, New York, NY (Susan Epstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Merri Turk Lasky of counsel; Ellie Reilly on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Dorothy Chin-Brandt, J., at plea; John F. Zoll, J., at sentence), imposed April19, 2016, 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; People v Foxworth, 161AD3d 1103 [2018]). Scheinkman, P.J., Rivera, Austin, Cohen and Barros, JJ., concur.