People v. Carman

197 N.Y.S.3d 337, 221 A.D.3d 613, 2023 NY Slip Op 05511

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 1, 2023
• Docket: Ind. No. 679/21
• Status: Published

Opinion

People v Carman (2023 NY Slip Op 05511)

People v Carman

2023 NY Slip Op 05511

Decided on November 1, 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 November 1, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
CHERYL E. CHAMBERS
WILLIAM G. FORD
HELEN VOUTSINAS, JJ.

2022-06291
(Ind. No. 679/21)

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

v

Peter B. Carman, appellant.

Richard L. Herzfeld, P.C., New York, NY, for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Karla Lato of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Anthony Senft, Jr., J.), imposed May 24, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248). 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 Lopez, 6 NY3d at 255).

BARROS, J.P., CHAMBERS, FORD and VOUTSINAS, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court