PEOPLE v. ARCHER (2025)

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Orange County (Hyun Chin Kim, J., at pleas;  William L. DeProspo, J., at sentences), both rendered July 15, 2021, convicting him of course of sexual conduct against a child in the first degree and criminal sexual act in the first degree under Indictment No. 382/19, and use of a child in a sexual performance and possession of a sexual performance by a child under Superior Court Information No. 33/21, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (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).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentences imposed were excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145), as well as his contention that the sentences violated his constitutional rights against cruel and unusual punishment (see People v. Escobargarcia, 237 A.D.3d 1221, 1222, 231 N.Y.S.3d 627;  People v. Yakubov, 204 A.D.3d 1043, 1044, 165 N.Y.S.3d 355).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

LASALLE, P.J., DILLON, CHRISTOPHER and LANDICINO, JJ., concur.