People v. Nivol

2020 NY Slip Op 05938, 187 A.D.3d 1059, 131 N.Y.S.3d 268

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 21, 2020
• Docket: Ind. No. 1300/16
• Status: Published

Opinion

People v Nivol (2020 NY Slip Op 05938)

People v Nivol

2020 NY Slip Op 05938

Decided on October 21, 2020

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 October 21, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.

2017-11055
(Ind. No. 1300/16)

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

v

McKenney Nivol, appellant.

Paul Skip Laisure, New York, NY (Hannah Kon of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and William H. Branigan of counsel; Victoria Randall 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 (Gene Lopez, J.), imposed August 30, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The Supreme Court's oral colloquy with respect to the defendant's waiver of his right to appeal was sufficient to establish a knowing and voluntary waiver under the totality of the circumstances (see People v Thomas, 34 NY3d 545, 565; People v Marchetti, 185 AD3d 839; cf. People v Reynolds, ___ AD3d ___, 2020 NY Slip Op 05057 [2d Dept]). 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 248, 255-256).

DILLON, J.P., AUSTIN, ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court