People v. Vanderhall ( 2022 )

People v Vanderhall (2022 NY Slip Op 05865)

People v Vanderhall

2022 NY Slip Op 05865

Decided on October 19, 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 October 19, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
BETSY BARROS, J.P.
JOSEPH A. ZAYAS
WILLIAM G. FORD
JANICE A. TAYLOR, JJ.

2021-04810
(Ind. No. 787/20)

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

v

Willie Vanderhall, appellant.

Laurette D. Mulry, Riverhead, NY (Louis E. Mazzola of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Christopher R. Turk and Marion Tang of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Timothy P. Mazzei, J.), rendered June 9, 2021, convicting him of identity theft in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248, 254, 257). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255-256).

BARROS, J.P., ZAYAS, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court