PEOPLE v. MERCY (2024)

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

The PEOPLE, etc., respondent, v. Dennis J. MERCY, appellant.

2021–09465

Decided: January 10, 2024

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LARA J. GENOVESI, LOURDES M. VENTURA, JJ.

Margaret M. Walker, Poughkeepsie, NY (Seth Gallagher of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Amie M. Johnson and Kieran Linehan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered November 17, 2021, convicting him of burglary in the second 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 as part of his plea agreement (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970; People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that the appeal waiver was not unilaterally imposed by the County Court (cf. People v. Sutton, 184 A.D.3d 236, 125 N.Y.S.3d 739). 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. Stevens, 203 A.D.3d 958, 163 N.Y.S.3d 615).

DILLON, J.P., CHAMBERS, GENOVESI and VENTURA, JJ., concur.

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