THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DANA SMITH DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANA SMITH, DEFENDANT-APPELLANT.

441 Decided: July 24, 2026

PRESENT: CURRAN, J.P., BANNISTER, MONTOUR, GREENWOOD, AND HANNAH, JJ.

TODD G. MONAHAN, LITTLE FALLS, FOR DEFENDANT-APPELLANT. BRIAN P. GREEN, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY 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]). We affirm. Defendant does not raise any challenge to the validity of his waiver of the right to appeal (see People v Chambers, 243 AD3d 1289, 1289 [4th Dept 2025]; People v Lewis, 239 AD3d 1338, 1339 [4th Dept 2025], lv denied 44 NY3d 983 [2025]; People v Rosado-Thomas, 181 AD3d 1166, 1166 [4th Dept 2020], lv denied 35 NY3d 1048 [2020]), and his challenge to the severity of his sentence “is foreclosed by his unchallenged waiver of the right to appeal” (Rosado-Thomas, 181 AD3d at 1167; see People v Halsey, 222 AD3d 1409, 1411 [4th Dept 2023], lv denied 41 NY3d 943 [2024]; People v Putman, 163 AD3d 1461, 1461 [4th Dept 2018]).

We note, however, that the certificate of conviction and uniform sentence and commitment form incorrectly reflect that defendant was convicted of manslaughter in the first degree under Penal Law § 125.20 without specifying a subsection, and they must therefore be amended to reflect that he was convicted under section 125.20 (1) (see People v Martinez, 37 AD3d 1099, 1100 [4th Dept 2007], lv denied 8 NY3d 947 [2007]; see generally People v Osorio, 179 AD3d 1512, 1514 [4th Dept 2020], lv denied 35 NY3d 972 [2020]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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