PEOPLE v. ROA (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered December 20, 2024, convicting him of vehicular manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the totality of the circumstances, 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 contentions that the sentence imposed was excessive and constituted cruel and unusual punishment (see People v. Lopez, 6 N.Y.3d at 253, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Myke, 232 A.D.3d 913, 913, 220 N.Y.S.3d 838).

GENOVESI, J.P., BRATHWAITE NELSON, DOWLING and HOM, JJ., concur.