People v. Stacker

People v Stacker (2022 NY Slip Op 03751) People v Stacker 2022 NY Slip Op 03751 Decided on June 8, 2022 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 June 8, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department COLLEEN D. DUFFY, J.P. ANGELA G. IANNACCI JOSEPH J. MALTESE LARA J. GENOVESI, JJ. [*1]The People of the State of New York, respondent, v Michael Stacker, appellant. (Ind. Nos. 883/18, 949/18) Justine Luongo, Attorney-in-Charge of the Criminal Defense Practice, New York, NY (Naila S. Siddiqui of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Roni C. Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent. DECISION & ORDER Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Joseph A. Zayas, J.), both imposed November 1, 2019, upon his pleas of guilty, on the ground that the sentences were excessive. ORDERED that the sentences are affirmed. The defendant validly waived his right to appeal. Although the written waiver of the right to appeal included incorrect statements of the applicable law, the record demonstrated that, under the totality of the circumstances, including the Supreme Court's oral colloquy, the defendant's consultation with counsel, and his age and experience, the defendant had a full appreciation of the terms and consequences of the appeal waiver (see People v Thomas, 34 NY3d 545, 564; People v Lawrence, 184 AD3d 587). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v Campbell, 192 AD3d 822, 823). DUFFY, J.P., IANNACCI, MALTESE and GENOVESI, JJ., concur. ENTER: Maria T. Fasulo Clerk of the Court