THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DELON MCNEIL DEFENDANT APPELLANT (2025)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DELON L. MCNEIL, DEFENDANT-APPELLANT.

635 Decided: October 03, 2025

PRESENT: LINDLEY, J.P., MONTOUR, GREENWOOD, NOWAK, AND KEANE, JJ.

JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (CLEA WEISS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (MERIDETH H. SMITH OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Blount, 239 AD3d 1426, 1427 [4th Dept 2025], lv denied — NY3d — [2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied — US —, 140 S Ct 2634 [2020]; People v Lopez, 6 NY3d 248, 256 [2006]). County Court followed the Model Colloquy, which “neatly synthesizes [Court of Appeals] precedent and the governing principles” (Thomas, 34 NY3d at 567). Defendant's challenges to the court's waiver colloquy lack merit (see generally id.).

Although defendant further contends that the sentence imposed is unduly harsh and severe, that contention is foreclosed by the valid waiver of the right to appeal (see People v Washington, 170 AD3d 1608, 1609 [4th Dept 2019], lv denied 33 NY3d 1036 [2019]; see generally Lopez, 6 NY3d at 255-256).

Entered: October 3, 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Out of date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