The People, etc., respondent, v. Santiago A. Andujar, appellant. (2026)

Submitted—January 29, 2026

DECISION & ORDER

A/

Appeal by the defendant from a judgment of the County Court, Dutchess County (Jessica Segal, J.), rendered July 15, 2021, convicting him of predatory sexual assault against a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant was convicted, upon his plea of guilty, of predatory sexual assault against a child (Penal Law § 130.96).

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bolton, 235 AD3d 995;  People v. Young, 225 AD3d 903).  Appellate review of the defendant's contentions regarding the factual sufficiency of the indictment, which are nonjurisdictional, was forfeited by his plea of guilty and, in any event, is foreclosed by his valid waiver of his right to appeal (see People v. Griffin, 173 AD3d 1203, 1205).

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 NY3d 248, 256).

DUFFY, J.P., WOOTEN, TAYLOR and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court