THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. RICHARD FELVUS DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RICHARD FELVUS, DEFENDANT-APPELLANT.

539 Decided: July 24, 2026

PRESENT: WHALEN, P.J., CURRAN, MONTOUR, GREENWOOD, AND NOWAK, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR DEFENDANT-APPELLANT. BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN 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 guilty plea of strangulation in the second degree (Penal Law § 121.12) and forcible touching (§ 130.52 [1]). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ogden, 244 AD3d 1774, 1774-1775 [4th Dept 2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US 1302 [2020]; People v Lopez, 6 NY3d 248, 256 [2006]). The valid waiver encompasses defendant's challenge to the severity of the sentence (see Lopez, 6 NY3d at 255; People v Zakrzewski, 244 AD3d 1798, 1798 [4th Dept 2025], lv denied 45 NY3d 975 [2026]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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