| People v Moronta |
| 2019 NY Slip Op 09026 [178 AD3d 955] |
| December 18, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Berinzon Moronta, Appellant. |
Marianne Karas, Thornwood, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Brian R. Pouliot and WilliamC. Milaccio of counsel), for respondent.
Appeal by the defendant from a resentence of the County Court, Westchester County (BarryE. Warhit, J.), imposed February 28, 2018, upon his conviction of manslaughter in the firstdegree, upon his plea of guilty.
Ordered that the resentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vSanders, 25 NY3d 337, 340-341 [2015]; People v Lopez, 6 NY3d 248, 256 [2006]; People v Batista, 167 AD3d 69, 74[2018]). The defendant's valid waiver of his right to appeal precludes appellate review of hiscontention that the sentencing court improvidently exercised its discretion in declining to granthim youthful offender treatment (seePeople v Pacherille, 25 NY3d 1021, 1024 [2015]; People v Basurto-Lopez, 166 AD3d 643, 643 [2018]).
The defendant's valid waiver of his right to appeal also precludes appellate review of hiscontention that his counsel was ineffective at resentencing, as his contention does not relate tothe voluntariness of his plea (see Peoplev Joseph, 142 AD3d 627, 627 [2016]; People v Tarrant, 114 AD3d 710, 711 [2014]). Additionally, thedefendant's valid waiver of his right to appeal precludes appellate review of his contention thathis resentence was excessive (see Peoplev Ayala, 172 AD3d 1085, 1087 [2019]; People v McLeggan, 156 AD3d 903, 903 [2017]). Chambers, J.P.,Maltese, LaSalle and Connolly, JJ., concur.