PEOPLE v. HOLLOWAY (2026)

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 attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [1]). Contrary to defendant's contention, a waiver of the right to appeal is not unconscionable per se (see People v. Wilson, 244 A.D.3d 1802, ––––, 244 N.Y.S.3d 882 [4th Dept. 2025]; People v. Brinkman, 240 A.D.3d 1431, 1431-1432, 235 N.Y.S.3d 882 [4th Dept. 2025], lv denied 44 N.Y.3d 1027, 246 N.Y.S.3d 316, 272 N.E.3d 1153 [2025]; see also People v. Thomas, 34 N.Y.3d 545, 557-558, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]). Further, the record establishes that defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see Brinkman, 240 A.D.3d at 1432, 235 N.Y.S.3d 882). The valid waiver encompasses defendant's challenge to the severity of his sentence (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]; People v. Hoose, 236 A.D.3d 1294, 1296, 229 N.Y.S.3d 741 [4th Dept. 2025], lv denied 44 N.Y.3d 993, 242 N.Y.S.3d 227, 269 N.E.3d 213 [2025]).