| People v Cain |
| 2025 NY Slip Op 06329 [243 AD3d 804] |
| November 19, 2025 |
| 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 Daquawan Cain, Appellant. |
Patricia Pazner, New York, NY (Elisabeth R. Calcaterra of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Michael Bierce of counsel; Rebecca Siegel on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Abena Darkeh, J.), imposed September 29, 2022, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019]; People v Lopez, 6 NY3d 248 [2006]; People v Waiters, 233 AD3d 899 [2024]). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255). Connolly, J.P., Miller, Warhit, Ventura and Quirk, JJ., concur.