PEOPLE v. HORACE (2025)

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

The PEOPLE, etc., respondent, v. Owen J. HORACE, appellant.

2025-00187

Decided: October 29, 2025

MARK C. DILLON, J.P., LINDA CHRISTOPHER, BARRY E. WARHIT, CARL J. LANDICINO, JJ.

Alex Smith, Middletown, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Cynthia Dolan and Andrew R. Kass of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered October 17, 2024, convicting him of burglary in the first degree, 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. Williams, 224 A.D.3d 706, 707, 202 N.Y.S.3d 775; People v. Melvin, 165 A.D.3d 1291, 1291, 84 N.Y.S.3d 813). 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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Foy, 238 A.D.3d 785, 231 N.Y.S.3d 226).

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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network