People v. Barbosa

187 N.Y.S.3d 334, 2023 NY Slip Op 02533

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 10, 2023
• Docket: Ind. No. 1049/20
• Status: Published

Opinion

People v Barbosa (2023 NY Slip Op 02533)

People v Barbosa

2023 NY Slip Op 02533

Decided on May 10, 2023

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 10, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
ANGELA G. IANNACCI
LARA J. GENOVESI
LILLIAN WAN, JJ.

2022-03872
(Ind. No. 1049/20)

[*1]The People of the State of New York, respondent,

v

Pedro Barbosa, appellant.

Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Ellen C. Abbot, and Charles Pollak of counsel; Yasmine Subtyl on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Marcia P. Hirsch, J.), imposed May 16, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence 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 Sanders, 25 NY3d 337, 340-342; People v Lopez, 6 NY3d 248, 256-257; People v Johnson, 106 AD3d 1331, 1332). 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 Morrow, 198 AD3d 922, 923).

DILLON, J.P., IANNACCI, GENOVESI and WAN, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court