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PEOPLE v. MOYETT

22 A.D.3d 114 (2005)

799 N.Y.S.2d 511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO MOYETT, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

August 11, 2005.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York City (Mark W. Zeno of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Leilani J. Rodriguez and Nancy D. Killian of counsel), for respondent.

TOM, J.P., NARDELLI and WILLIAMS, JJ., concur with SULLIVAN, J.; MARLOW, J., concurs in a separate opinion.

OPINION OF THE COURT

SULLIVAN, J.

The only substantive claim on appeal is the excessiveness of sentence, an issue that can be reached only on a finding that defendant's waiver of his right of appeal is invalid. Contrary to our concurring colleague's view, we find that the record is sufficient to show that defendant knowingly, intelligently and voluntarily waived that right.

It is well-settled, as...

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