| People v Delacruz |
| 2023 NY Slip Op 00436 [213 AD3d 691] |
| February 1, 2023 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Juan Delacruz, Appellant. |
Patricia Pazner, New York, NY (David Fitzmaurice of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove, Julian Joiris, andSawyer White of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Barry E. Warhit, J.), rendered December 4, 2019, convicting him of attempted burglaryin the second degree and stalking in the third degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his sentence constitutes cruel and unusualpunishment is unpreserved for appellate review (see People v Pena, 28 NY3d 727, 730 [2017]; People v Rolling, 186 AD3d1264, 1265 [2020]). In any event, his sentence is constitutional (see People vRolling, 186 AD3d at 1265; People v Parsley, 150 AD3d 894, 896 [2017]).
The defendant validly waived his right to appeal (see People v Lopez, 6 NY3d 248 [2006]; People v Williams, 203 AD3d850, 851 [2022]). His valid waiver of his right to appeal precludes review of hisexcessive sentence claim (seePeople v Batista, 167 AD3d 69, 75 [2018]). Dillon, J.P., Christopher, Ford andTaylor, JJ., concur.