People v. Waiters

People v Waiters (2024 NY Slip Op 06365) People v Waiters 2024 NY Slip Op 06365 Decided on December 18, 2024 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 December 18, 2024 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department MARK C. DILLON, J.P. CHERYL E. CHAMBERS BARRY E. WARHIT LOURDES M. VENTURA, JJ. 2023-00189 (Ind. No. 528/20) [*1]The People of the State of New York, respondent, v Nicole Waiters, appellant. Patricia Pazner, New York, NY (Denise A. Corsi of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Marie John of counsel; Rebecca Siegel on the memorandum), for respondent. DECISION & ORDER Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Abena Darkeh, J.), imposed December 14, 2022, upon her 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 she knowingly, voluntarily, and intelligently waived her right to appeal (see People v Thomas, 34 NY3d 545, 558-564; People v Lopez, 6 NY3d 248, 255-257; People v Cabral, 223 AD3d 839, 839). The defendant's valid waiver of her right to appeal precludes appellate review of her contention that the sentence imposed was excessive (see People v Cabral, 223 AD3d at 839; People v Stevens, 203 AD3d 958, 959-960). DILLON, J.P., CHAMBERS, WARHIT and VENTURA, JJ., concur. ENTER: Darrell M. Joseph Clerk of the Court