People v. Sarasty

2024 NY Slip Op 03500

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 26, 2024
• Docket: Ind. No. 71998/22
• Status: Published

Opinion

People v Sarasty (2024 NY Slip Op 03500)

People v Sarasty

2024 NY Slip Op 03500

Decided on June 26, 2024

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 June 26, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
ANGELA G. IANNACCI
LARA J. GENOVESI
LOURDES M. VENTURA, JJ.

2023-02217
(Ind. No. 71998/22)

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

v

Eduardo Sarasty, appellant.

Patricia Pazner, New York, NY (Alexa Askari of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle M. O'Boyle of counsel; Anmari Guerrero 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 (Karen Gopee, J.), imposed February 10, 2023, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248; People v Thompson, 225 AD3d 713; People v Cabral, 223 AD3d 839, 839). 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 Cabral, 223 AD3d at 839).

CONNOLLY, J.P., IANNACCI, GENOVESI and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court