The People, etc., respondent, v. Jose Dones, appellant. (2026)

Submitted—June 16, 2026

DECISION & ORDER

G/

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dena E. Douglas, J.), rendered November 9, 2023, convicting him of attempted manslaughter in the first 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 NY3d 545;  People v. Lopez, 6 NY3d 248).  The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his adjudication as a persistent violent felony offender was unconstitutional in light of Erlinger v. United States (602 U.S. 821) and Apprendi v. New Jersey (530 U.S. 466) (see People v. Mejia, 246 AD3d 828, 829;  People v. Simpson, 244 AD3d 762, 762), except to the extent that the defendant contends that New York's predicate felony offender statutes are facially unconstitutional (see People v. Johnson, _ NY3d _, 2025 N.Y. Slip Op 06528;  People v. Smith, 244 AD3d 1144, 1144).  However, the defendant's contention is unpreserved for appellate review (see CPL 470.05[2];  People v. Mejia, 246 AD3d at 830;  People v. Smith, 244 AD3d at 1144), and we decline to review it in the exercise of our interest of justice jurisdiction.

GENOVESI, J.P., CHAMBERS, CHRISTOPHER and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court