People v Knapp

People v Knapp 2013 NY Slip Op 05227 Decided on July 10, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on July 10, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
CHERYL E. CHAMBERS
SANDRA L. SGROI
SYLVIA HINDS-RADIX, JJ.
2012-02317
(Ind. No. 11-00130)

[*1]The People of the State of New York, respondent,

v

Dylan Knapp, appellant.




Steven A. Feldman, Uniondale, N.Y. (Arza Feldman of counsel),
for appellant.
Francis D. Phillips II, District Attorney, Middletown, N.Y.
(Robert H. Middlemiss of counsel), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered February 8, 2012, convicting him of aggravated vehicular homicide, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737; People v Lopez, 6 NY3d 248; People v DeSimone, 80 NY2d 273) precludes review of his challenge to the factual sufficiency of the plea allocution (see People v Devodier, 102 AD3d 884) and of his contention that the sentence imposed was excessive (see People v Lewis, 105 AD3d 773).

The defendant's remaining contention is without merit.
SKELOS, J.P., CHAMBERS, SGROI and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court