THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. PAUL DURINKO DEFENDANT APPELLANT (2025)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. PAUL J. DURINKO, DEFENDANT-APPELLANT.

421 Decided: June 06, 2025

PRESENT: WHALEN, P.J., CURRAN, SMITH, DELCONTE, AND HANNAH, JJ.

NICHOLAS T. TEXIDO, BUFFALO, FOR DEFENDANT-APPELLANT. VINCENT A. HEMMING, DISTRICT ATTORNEY, WARSAW (MATTHEW J. DILLON OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [7]) and assault in the second degree (§ 120.05 [3]), defendant contends that the enhanced sentence imposed following his violation of the terms of the plea agreement is unduly harsh and severe. Defendant, however, knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied — US —, 140 S Ct 2634 [2020]; People v Brown, 229 AD3d 1150, 1150-1151 [4th Dept 2024]) and, because County Court advised defendant of the maximum sentence that could be imposed if he violated the plea agreement, that waiver encompasses his challenge to the severity of the enhanced sentence (see People v Ney, 229 AD3d 1251, 1252-1253 [4th Dept 2024], lv denied 42 NY3d 1021 [2024]; People v Roberto, 224 AD3d 1367, 1368 [4th Dept 2024]; People v VanDeViver, 56 AD3d 1118, 1119 [4th Dept 2008], lv denied 11 NY3d 931 [2009], reconsideration denied 12 NY3d 788 [2009]).

Entered: June 6, 2025

Ann Dillon Flynn

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network