People v. Delgado

2019 NY Slip Op 2543

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 3, 2019
• Docket: Ind. No. 135/16
• Status: Published

Opinion

People v Delgado (2019 NY Slip Op 02543)

People v Delgado

2019 NY Slip Op 02543

Decided on April 3, 2019

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 April 3, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
SHERI S. ROMAN
JOSEPH J. MALTESE
FRANCESCA E. CONNOLLY, JJ.

2017-02633
2017-02634
(Ind. No. 135/16)

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

v

Miguel Delgado, appellant.

Paul Skip Laisure, New York, NY (Cynthia Colt of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Richmond County (Charles M. Troia, J.), both imposed January 17, 2017, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are 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, 341-342; People v Ramos, 7 NY3d 737, 738). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v Lopez, 6 NY3d 248, 255-256).

BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court