People v. Scott

219 A.D.3d 1532, 195 N.Y.S.3d 807, 2023 NY Slip Op 04779

Opinion

People v Scott (2023 NY Slip Op 04779)

People v Scott

2023 NY Slip Op 04779

Decided on September 27, 2023

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 September 27, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
HECTOR D. LASALLE, P.J.
BETSY BARROS
HELEN VOUTSINAS
LOURDES M. VENTURA, JJ.

2021-04823
(Ind. No. 523/20)

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

v

Elliott Scott, appellant.

Stacy E. Albin-Leone, Long Beach, NY, for appellant, and appellant pro se.

Anne T. Donnelly, District Attorney, Mineola, NY (Jared A. Chester of counsel; Matthew C. Frankel on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert A. Schwartz, J.), rendered June 15, 2021, convicting him of kidnapping in the second degree, assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third 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 Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248, 256; People v Francis, 215 AD3d 762, 762; People v Payne, 209 AD3d 1041). 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 at 255-256).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

LASALLE, P.J., BARROS, VOUTSINAS and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court