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PEOPLE v. FOY (2025)

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

The PEOPLE, etc., respondent, v. Perry FOY, appellant.

2023-00719

Decided: May 07, 2025

MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LOURDES M. VENTURA, JAMES P. MCCORMACK, JJ.

Arza Feldman, Manhasset, NY, for appellant. Susan Cacace, District Attorney, White Plains, NY (Alexandra C. Krueger and Raffaelina Gianfrancesco of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (James A. McCarty, Jr., J.), rendered December 1, 2022, convicting him of aggravated harassment of an employee by an incarcerated individual, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he validly waived his right to appeal (see People v. Bryant, 28 NY3d 1094;  People v. Batista, 167 AD3d 69, 73–74).  His valid appeal waiver precludes appellate review of his contentions that the sentence imposed was excessive and constituted cruel and unusual punishment (see People v. Lopez, 6 NY3d 248, 256;  People v. Myke, 232 AD3d 913).

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

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PEOPLE v. FOY (2025)

Docket No: 2023-00719

Decided: May 07, 2025

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

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