PEOPLE v. EASTMAN (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Joseph J. Spofford, Jr., J.), rendered June 21, 2022, convicting him of strangulation in the second degree and attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

In June 2022, the defendant was convicted of strangulation in the second degree (Penal Law § 121.12) and attempted assault in the first degree (id. §§ 110.00, 120.10[1]), upon his plea of guilty, and the County Court imposed sentence.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Okay, 172 A.D.3d 1104, 1104, 98 N.Y.S.3d 473;  People v. Stanley, 99 A.D.3d 955, 955, 951 N.Y.S.2d 909).  Thus, appellate review of the defendant's contention that the County Court should have granted him a violent felony override is precluded by the valid waiver of his right to appeal (see People v. Batista, 167 A.D.3d 69, 73, 86 N.Y.S.3d 492).

The defendant's valid waiver of his right to appeal also precludes appellate review of his claim that the sentence imposed was excessive (see People v. Sanchez, 226 A.D.3d 441, 442, 206 N.Y.S.3d 305;  People v. Charlet, 169 A.D.3d 712, 712, 91 N.Y.S.3d 700).

DUFFY, J.P., CHRISTOPHER, WARHIT and TAYLOR, JJ., concur.