PEOPLE v. CRUZ (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Victoria B. Campbell, J.), rendered January 15, 2025, convicting him of criminal possession of a weapon in the second 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. Gutierrez, 237 A.D.3d 743, 743–744, 230 N.Y.S.3d 683;  see also People v. Thomas, 34 N.Y.3d 545, 566–567, 122 N.Y.S.3d 226, 144 N.E.3d 970).  The defendant's valid waiver of his right to appeal precludes appellate review of the County Court's discretionary determination to decline to grant him youthful offender treatment (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393;  People v. Mauro, 197 A.D.3d 502, 503, 148 N.Y.S.3d 905), as well as the defendant's 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. Efferson, 238 A.D.3d 784, 784, 231 N.Y.S.3d 651).

LASALLE, P.J., FORD, VOUTSINAS and MCCORMACK, JJ., concur.