| People v Alqam |
| 2008 NY Slip Op 02610 [49 AD3d 776] |
| March 18, 2008 |
| 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 Amjad Alqam, Appellant. |
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Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and
Lauren-Brooke Eisen of counsel), for respondent.
Appeals by the defendant from (1) a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered March 16, 2006, convicting him of criminal contempt in the first degree under indictment No. 128/05, upon his plea of guilty, and (2) a judgment of the same court (Rooney, J.), also rendered March 16, 2006, convicting him of criminal contempt in the first degree (three counts), endangering the welfare of a child (two counts) and resisting arrest under indictment No. 156/05, upon a jury verdict, and imposing sentences.
Ordered that the judgments are affirmed.
The defendant's challenge to the judgment convicting him of a single count of criminal contempt in the first degree (see Penal Law § 215.51 [c]), upon his plea of guilty, is barred because the plea encompassed a waiver of the right to appeal, and the waiver was knowingly, voluntary, and intelligently made (see People v Seaberg, 74 NY2d 1, 11 [1989]).
There is no merit to the defendant's challenge to the judgment convicting him of three counts of criminal contempt in the first degree (see Penal Law § 215.51 [b], [c]), two counts of endangering the welfare of a child (see Penal Law § 260.10), and resisting arrest (see Penal Law § 205.30), upon a jury verdict. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v Calabria, 3 NY3d 80, 81-82 [2004]). Moreover, [*2]upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 643 [2006]).
The sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Skelos, Santucci and Leventhal, JJ., concur.