People v Erving
2014 NY Slip Op 00374 [113 AD3d 789]
January 22, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
William R. Erving, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Brennan of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Condon, J.), imposed May 17, 2012, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

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.