| People v Lisi |
| 2017 NY Slip Op 05752 |
| Decided on July 19, 2017 |
| 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 19, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.
2014-07828
(Ind. No. 1709-09)
v
Brandon Lisi, appellant.
Del Atwell, East Hampton, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Rosalind C. Gray of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (J. Doyle, J., at plea; Condon, J., at sentencing), rendered June 18, 2014, convicting him of grand larceny in the first degree (two counts) and grand larceny in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid (see People v Bryant, 28 NY3d 1094; People v Lopez, 6 NY3d 248, 257). The defendant's valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of his plea allocution (see People v Lagarenne, 148 AD3d 826; People v Carle, 121 AD3d 1011). The defendant may still raise issues with respect to the voluntariness of his plea and ineffective assistance of counsel that affected the voluntariness of his plea (see People v Parilla, 8 NY3d 654, 660; People v Brown, 116 AD3d 1062; People v Borges, 103 AD3d 747). However, to the extent that the defendant's contentions implicate such issues, those contentions are without merit.
BALKIN, J.P., ROMAN, HINDS-RADIX and LASALLE, JJ., concur.
ENTER:Aprilanne Agostino
Clerk of the Court