PEOPLE v. ROBINSON (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Jessica Segal, J.), rendered April 18, 2024, convicting him of murder 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. 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 sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  Likewise, the defendant's valid waiver of his right to appeal precludes appellate review of his claim of ineffective assistance of counsel, since his claim does not implicate the voluntariness of his plea (see People v. Lopez, 210 A.D.3d 700, 701, 177 N.Y.S.3d 684;  People v. Tenesaca, 199 A.D.3d 941, 942, 154 N.Y.S.3d 452).

GENOVESI, J.P., WAN, VENTURA and QUIRK, JJ., concur.