People v. Arteev

120 A.D.3d 1255, 991 N.Y.S.2d 776, 2014 NY Slip Op 06099, 2014 N.Y. App. Div. LEXIS 6045

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 10, 2014
• Docket: 2013-06963
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Delligatti, J.), rendered June 13, 2013, convicting him of promoting a sexual performance by a child as a sexually motivated felony, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ramos, 7 NY3d 737, 738 [2006]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Bradshaw, 18 NY3d 257, 264-267 [2011]; People v Lopez, 6 NY3d at 255; People v Seaberg, 74 NY2d 1, 11 [1989]).

Rivera, J.P, Roman, Sgroi and LaSalle, JJ., concur.