| People v Brisco |
| 2019 NY Slip Op 05556 [174 AD3d 639] |
| July 10, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Frank Brisco, Appellant. |
Warren S. Landau, Cedarhurst, NY, for appellant.
Madeline Singas, District Attorney, Mineola, NY (Jason R. Richards and Mary Faldich ofcounsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Nassau County (Alan L. Honorof, J.), imposed June 27, 2017, upon his plea of guilty, on thegrounds that the sentence is both illegal and excessive.
Ordered that the sentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vLopez, 6 NY3d 248, 254, 257 [2006]). The defendant's valid waiver of his right toappeal precludes appellate review of his contention that the sentence imposed was excessive(see id. at 255-256).
A challenge to the legality of a sentence survives a valid waiver of the right to appeal (seeid. at 255; People v Callahan, 80 NY2d 273, 280 [1992]), and may be raisednotwithstanding a plea of guilty (see People v Laureano, 87 NY2d 640, 643 [1996]).However, contrary to the defendant's contention, the Supreme Court was authorized to imposeconsecutive sentences for the defendant's convictions of attempted burglary in the third degreeand criminal mischief in the third degree because those crimes involved separate and distinct acts(see Penal Law § 70.25 [2]; People v Laureano, 87 NY2d at 643).Rivera, J.P., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur.