| People v Vasquez |
| 2007 NY Slip Op 04520 [40 AD3d 1019] |
| May 22, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Jimmy Vasquez, Appellant. |
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Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicoletta J. Caferri of counsel; Lorrie A. Zinno on the brief), for respondent.
Ordered that the judgment is affirmed.
The defendant executed a written waiver of his right to appeal and responded on the record to the Supreme Court's further advisement as to the nature and scope of the waiver with an acknowledgment that he was knowingly and voluntarily waiving his right to appeal. The defendant's waiver of the right to appeal was valid and effective (see People v Lopez, 6 NY3d 248 [2006]). Accordingly, his claim that his sentence was excessive cannot be reviewed on this appeal.
The defendant's remaining contention is not preserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310 [2004]). Schmidt, J.P., Goldstein, Angiolillo and McCarthy, JJ., concur.