PEOPLE v. DEWOLF (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 assault in the first degree (Penal Law § 120.10 [1]). We affirm.

Contrary to defendant's contention, the record establishes that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Williams, 228 A.D.3d 1316, 1316, 212 N.Y.S.3d 887 [4th Dept. 2024], lv denied 42 N.Y.3d 972, 219 N.Y.S.3d 627, 244 N.E.3d 1085 [2024], reconsideration denied 42 N.Y.3d 1055, 225 N.Y.S.3d 650, 250 N.E.3d 661 [2024]; see generally People v. Thomas, 34 N.Y.3d 545, 559-564, 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]). Moreover, on this record, defendant's “monosyllabic affirmative responses to questioning by [County Court] do not render his [waiver of the right to appeal] unknowing and involuntary” (People v. Burch, 234 A.D.3d 1246, 1246-1247, 226 N.Y.S.3d 433 [4th Dept. 2025], lv denied 43 N.Y.3d 1006, 234 N.Y.S.3d 794, 261 N.E.3d 929 [2025] [internal quotation marks omitted]).

Defendant's valid waiver of the right to appeal precludes our review of his contention that the court erred in refusing to suppress defendant's statements to a law enforcement officer (see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754 [1999]; People v. Duzant, 15 A.D.3d 860, 861, 789 N.Y.S.2d 594 [4th Dept. 2005], lv denied 5 N.Y.3d 761, 801 N.Y.S.2d 256, 834 N.E.2d 1266 [2005]) and his challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 255-256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]; Burch, 234 A.D.3d at 1247, 226 N.Y.S.3d 433).