People v. Oviedo

139 A.D.3d 1091, 30 N.Y.S.3d 842

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 25, 2016
• Docket: 2014-07158
• Status: Published

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered June 26, 2014, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that his enhanced sentence was excessive (see People v Frazier, 127 AD3d 1229, 1230 [2015]; People v Sanchez, 122 AD3d 778, 779 [2014]; People v Duryea, 116 AD3d 709, 710 [2014]; People v Smith, 102 AD3d 896, 897 [2013]; People v Arrington, 94 AD3d 903 [2012]; People v Gonzalez, 93 AD3d 679 [2012]).

Balkin, J.P., Dickerson, Sgroi and Maltese, JJ., concur.