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PEOPLE v. BENITEZ
Appellate Division of the Supreme Court of New York, Second Department.
May 3, 2011
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Ordered that the judgment is affirmed.
By pleading guilty, the defendant forfeited his claim that he was deprived of his right to testify before the grand jury ( see People v DeLuca, 45 AD3d 777; People v Standley, 269 AD2d 614, 615).
The defendant's valid waiver of his right to appeal precludes appellate review of his claim that the agreed-upon sentence, which was, in fact, imposed, was excessive ( see People v Ramos, 1 NY3d 737, 738; People v Lopez, 6 NY3d 248, 255; People v Callahan, 80 NY2d 273, 281; People v Seaberg, 14: NY2d 1, 10 [1989]; People v Timberlake, 82 AD3d 1134; People v Lewis, 73 AD3d 1212).
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