PEOPLE v. HEATH (2023)

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

The PEOPLE, etc., respondent, v. James HEATH, appellant.

2022-00194

Decided: July 19, 2023

MARK C. DILLON, J.P., VALERIE BRATHWAITE NELSON, WILLIAM G. FORD, JANICE A. TAYLOR, JJ.

Gary E. Eisenberg, New City, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Shea Scanlon Lomma of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered December 2, 2021, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant challenges the factual sufficiency of the plea allocution. The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 NY3d 257, 264; People v. Lopez, 6 NY3d 248, 256). The defendant's valid waiver of his right to appeal precludes appellate review of his objection to the factual sufficiency of the plea allocution (see People v. Headley, 197 AD3d 1329, 1330; People v. Hicks, 134 AD3d 854; People v. Hyland, 123 AD3d 736, 737).

DILLON, J.P., BRATHWAITE NELSON, FORD and TAYLOR, JJ., concur.

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