PEOPLE v. WHEELER (2026)

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

The PEOPLE, etc., respondent, v. Damon WHEELER, appellant.

2023–09409

Decided: March 04, 2026

MARK C. DILLON, J.P., VALERIE BRATHWAITE NELSON, DEBORAH A. DOWLING, SUSAN QUIRK, JJ.

Kenyon C. Trachte, Newburgh, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (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 (Hyun Chin Kim, J.), rendered September 19, 2023, convicting him of criminal sale of a controlled substance 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, 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).

DILLON, J.P., BRATHWAITE NELSON, DOWLING and QUIRK, JJ., concur.

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