PEOPLE v. WEBER IV (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Joseph J. Spofford, Jr., J.), rendered November 9, 2021, convicting him of manslaughter in the first degree and arson in the third 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 (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 County Court erred in denying his request for a hearing pursuant to the Domestic Violence Survivors Justice Act (see generally People v. Hudson, 232 A.D.3d 200, 205, 220 N.Y.S.3d 68, lv granted 42 N.Y.3d 1080, 227 N.Y.S.3d 583, 252 N.E.3d 522), that he was denied the effective assistance of counsel, which does not implicate the voluntariness of the plea (see People v. Lopez, 210 A.D.3d 700, 701, 177 N.Y.S.3d 684), and that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 253, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

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