| People v Portalatin |
| 2026 NY Slip Op 00800 [246 AD3d 833] |
| February 11, 2026 |
| 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 Nelson Gonzalez Portalatin, Appellant. |
Patricia Pazner, New York, NY (Steven C. Kuza of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel; Robert Ho and Rebecca Siegel on the memorandum), for respondent.
Crimes
- Appeal
- Valid Waiver of Right to Appeal
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Michael D. Kitsis, J.), imposed June 20, 2023, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019]; see also People v Lopez, 6 NY3d 248 [2006]). 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). Iannacci, J.P., Christopher, Voutsinas, Love and Goldberg Velazquez, JJ., concur.