People v Ayodele

People v Ayodele 2009 NY Slip Op 09482 [68 AD3d 1010] December 15, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 10, 2010

The People of the State of New York, Respondent,
v
Femi Ayodele, Appellant.

—[*1] Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel; Heather McFaulds on the brief), for respondent.

Appeals by the defendant from (1) a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered May 17, 2007, convicting him of robbery in the third degree under indictment No. 2523/05, and (2) a judgment of the County Court, Suffolk County (Kahn, J.), rendered May 17, 2007, convicting him of attempted gang assault in the first degree under indictment No. 2239A/06, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant's knowing, intelligent, and voluntary waiver of his right to appeal as part of his plea agreements forecloses consideration of the issues that he now advances on appeal with respect to the length of the sentences under both judgments (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Calvi, 89 NY2d 868, 871 [1996]; People v Silent, 37 AD3d 625 [2007]). Dillon, J.P., Miller, Eng, Hall and Sgroi, JJ., concur.