| People v Cabral |
| 2024 NY Slip Op 00324 [223 AD3d 839] |
| January 24, 2024 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Victor Cabral, Appellant. |
Patricia Pazner, New York, NY (Brian Perbix of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolanof counsel; Lauren Slattery on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Heidi C. Cesare, J.), imposed January 11, 2022, upon his plea ofguilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the defendant's contention, he validly waived his right to appeal (see People v Porter, 210 AD3d911, 911 [2022]). The Supreme Court "adequately advise[d] the defendant of thenature of the right to appeal and the consequences of waiving that right" (People v Vilmont, 216 AD3d1113, 1114 [2023]). The court sufficiently "explained, and the defendantacknowledged that he understood, the separate and distinct nature of the waiver of theright to appeal, and the court did not mischaracterize the nature or scope of the waiver"(People v Headley, 197AD3d 1329, 1330 [2021]). The defendant therefore "knowingly, voluntarily, andintelligently waived his right to appeal at the time he entered his plea of guilty"(id. at 1329). The defendant's valid waiver of that right precludes appellatereview of his contention that the sentence imposed was excessive (see People v Delacruz, 213AD3d 691, 691 [2023]; People v Smith, 208 AD3d 1369, 1369-1370 [2022]; People v Lawrence, 184 AD3d587, 587 [2020]). Connolly, J.P., Iannacci, Genovesi and Ventura, JJ., concur.