| People v Yakubov |
| 2022 NY Slip Op 02819 [204 AD3d 1043] |
| April 27, 2022 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Yuriy Yakubov, Appellant. |
Patricia Pazner, New York, NY (Anders Nelson of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Rebecca Nealon ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leslie G.Leach, J.), rendered October 27, 2017, convicting him of criminal possession of stolen propertyin the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waivedhis right to appeal (see People vLopez, 6 NY3d 248, 254 [2006]). The totality of the circumstances, including the natureand terms of the plea agreement, the defendant's consultation with counsel and his on-the-recordacknowledgments of understanding, reveals that the defendant understood the nature of theappellate rights being waived (seePeople v Thomas, 34 NY3d 545, 559-560 [2019]). The defendant's contention that hissentence violated the Eighth Amendment prohibition against cruel and unusual punishment isprecluded by his valid waiver of the right to appeal (see People v Florio, 179 AD3d 834, 835 [2020]; People v Rodriguez, 82 AD3d 794,795 [2011]), as is his contention that this Court should exercise its interest-of-justice jurisdictionto reduce the sentence (see People v Lopez, 6 NY3d at 255). Dillon, J.P., Iannacci, Riveraand Wooten, JJ., concur.