Opinion
2012-05-23
The PEOPLE, etc., respondent, v. Lamarr WILLIAMS, appellant.
Diane E. Selker, Peekskill, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent.
Diane E. Selker, Peekskill, N.Y., for appellant. Francis D. Phillips II, District Attorney, Goshen, N.Y. (Lauren E. Grasso and Andrew R. Kass of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered February 14, 2007, convicting him of assault in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
*916 The defendant knowingly, voluntarily, and intelligently waived his right to appeal at his plea allocution ( see People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222; People v. Muniz, 91 N.Y.2d 570, 673 N.Y.S.2d 358, 696 N.E.2d 182; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022). The defendant's valid waiver of his right to appeal precludes review of his claim that his sentence was excessive ( see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Holman, 89 N.Y.2d 876, 653 N.Y.S.2d 93, 675 N.E.2d 847; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Hawthorne, 85 A.D.3d 819, 924 N.Y.S.2d 822; People v. Benitez, 84 A.D.3d 826, 827, 922 N.Y.S.2d 797).