PEOPLE v. BARNWELL (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Raymond L. Rodriguez, J.), rendered September 16, 2022, convicting him of criminal possession of a weapon in the third 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 knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 558–564, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 255–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Corbin, 121 A.D.3d 803, 804–805, 993 N.Y.S.2d 746).  The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the Supreme Court's denial of his motion to dismiss the indictment on the ground that he was deprived of his statutory right to a speedy trial (see People v. Detres, 237 A.D.3d 846, 229 N.Y.S.3d 643;  People v. Montano, 235 A.D.3d 1003, 1003–1004, 226 N.Y.S.3d 618;  People v. McLeod, 235 A.D.3d 999, 228 N.Y.S.3d 319;  People v. Gore, 224 A.D.3d 848, 848–849, 205 N.Y.S.3d 486), as well as his contention that the sentence imposed was excessive (see People v. Montano, 235 A.D.3d at 1004, 226 N.Y.S.3d 618;  People v. Cabral, 223 A.D.3d 839, 839, 203 N.Y.S.3d 702;  People v. Stevens, 203 A.D.3d 958, 960–961, 163 N.Y.S.3d 615).

IANNACCI, J.P., WOOTEN, DOWLING and MCCORMACK, JJ., concur.