People v. Lopez

164 N.Y.S.3d 882, 204 A.D.3d 940, 2022 NY Slip Op 02562

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 20, 2022
• Docket: Ind. No. 33/18
• Status: Published

Opinion

People v Lopez (2022 NY Slip Op 02562)

People v Lopez

2022 NY Slip Op 02562

Decided on April 20, 2022

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 20, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
FRANCESCA E. CONNOLLY
LINDA CHRISTOPHER
LARA J. GENOVESI, JJ.

2020-03095
(Ind. No. 33/18)

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

v

Victor Lopez, appellant.

Jan Murphy, Huntington, NY, for appellant.

Anne T. Donnelly, District Attorney, Mineola, NY (Jason R. Richards and David L. Glovin of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Patricia A. Harrington, J.), rendered February 11, 2020, convicting him of murder in the second degree, conspiracy in the second degree, and conspiracy in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248, 254, 257). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see id. at 255-256; People v Lopez, 199 AD3d 704, 704; People v Swen, 164 AD3d 926, 928).

BARROS, J.P., CONNOLLY, CHRISTOPHER and GENOVESI, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court