People v. Torres

17 A.D.3d 266, 794 N.Y.S.2d 318, 2005 N.Y. App. Div. LEXIS 4271

Opinion

Judgment, Supreme Court, New York County (John A.K. Bradley, J.), rendered November 6, 2002, convicting defendant, upon his plea of guilty, of sodomy in the first degree, use of a child in a sexual performance (two counts), sexual abuse in the first and second degrees, promoting a sexual performance by a child, attempted disseminating indecent material to minors in the first degree, and possessing a sexual performance by a child, and sentencing him to an aggregate term of 19 years, unanimously affirmed.

Defendant’s valid waiver of his right to appeal forecloses review of his excessive sentence claim (see People v Seaberg, 74 NY2d 1, 10 [1989]). Were we to review it, we would find it unavailing. Concur—Andrias, J.P., Saxe, Sullivan, Ellerin and Williams, JJ.