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The People of the State of New York, Respondent, v. Jose Oviedo, Appellant

New York Supreme Court, Appellate Division2016-05-25
139 A.D.3d 109130 N.Y.S.3d 842

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Opinion

majority opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered June 26, 2014, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant’s valid waiver of his right to appeal precludes appellate review of his contention that his enhanced sentence was excessive (see People v Frazier, 127 AD3d 1229, 1230 [2015]; People v Sanchez, 122 AD3d 778, 779 [2014]; People v Duryea, 116 AD3d 709, 710 [2014]; People v Smith, 102 AD3d 896, 897 [2013]; People v Arrington, 94 AD3d 903 [2012]; People v Gonzalez, 93 AD3d 679 [2012]).

Balkin, J.P., Dickerson, Sgroi and Maltese, JJ., concur.