Majority
p. 789The People of the State of New York, Respondent, v William R. Erving, Appellant. [978 NYS2d 895]
The defendant’s knowing, voluntary, and intelligent 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 , 256 [2006]; People v Amaya, 98 AD3d 583 [2012]; cf. People v Braithwaite, 73 AD3d 656 [2010]). Eng, P.J., Rivera, Chambers and Austin, JJ., concur.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 789
- People v. Braithwaite 73 AD3d 656 p. 789