PEOPLE v. JONES (2026)

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

The PEOPLE, etc., respondent, v. Nisiah JONES, appellant.

2025–01877

Decided: June 10, 2026

LARA J. GENOVESI, J.P., DEBORAH A. DOWLING, LILLIAN WAN, PHILLIP HOM, JJ.

Salvatore C. Adamo, New York, NY, for appellant. Raymond A. Tierney, District Attorney, Riverhead, N.Y. (Kerriann Kelly of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Anthony S. Senft, Jr., J.), rendered December 23, 2024, convicting him of conspiracy in the second degree, robbery in the first degree, criminal possession of a weapon in the second degree (three counts), attempted murder in the second degree, and intimidating a victim or witness in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545; People v. Lopez, 6 NY3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 NY3d at 255). Likewise, the defendant's valid waiver of his right to appeal precludes appellate review of his claim of ineffective assistance of counsel, since his claim does not implicate the voluntariness of his plea (see People v. Robinson, 244 AD3d 1254, 1254; People v. Lopez, 210 AD3d 700, 701).

GENOVESI, J.P., DOWLING, WAN and HOM, JJ., concur.

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