PEOPLE v. FELIX (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 grand larceny in the third degree (Penal Law § 155.35 [1]). We reject defendant's contention that the waiver of the right to appeal is invalid. We conclude that, “[a]lthough the written waiver included a misleading heading, the oral colloquy, together with the remainder of the written waiver, ‘was sufficient to support a knowing and voluntary waiver under the totality of the circumstances’ ” (People v. Hopkins, 221 A.D.3d 1436, 1436, 200 N.Y.S.3d 562 [4th Dept. 2023], lv denied 41 N.Y.3d 943, 206 N.Y.S.3d 257, 229 N.E.3d 1150 [2024]; see People v. Thomas, 34 N.Y.3d 545, 564, 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]). Defendant's challenge to the severity of his sentence is encompassed by his valid waiver of the right to appeal (see People v. Lopez, 6 N.Y.3d 248, 255-256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).