PEOPLE v. ELADDIOUI (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Jessica Segal, J.), rendered June 27, 2024, convicting him of assault in the first 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, 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).

While a challenge to the legality of a sentence survives a valid waiver of the right to appeal (see id.), the defendant's contention that his sentence was illegal because the County Court improperly considered a juvenile delinquency adjudication in imposing sentence, in violation of Family Court Act § 381.2, does not amount to a “ ‘claim that the sentence is illegal in the sense that it violates or exceeds the statutory scheme which sets forth the parameters of an appropriate sentence for [the] crime.  What the defendant actually challenges is the severity of [his] sentence, and this claim can be waived’ ” (People v. Miranda, 242 A.D.3d 1124, 1124, 241 N.Y.S.3d 516, quoting People v. Brathwaite, 263 A.D.2d 89, 92, 703 N.Y.S.2d 191).  Thus, the defendant's valid waiver of his right to appeal precludes appellate review of this contention (see People v. Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).

To the extent that the defendant claims that he was illegally sentenced as a predicate felony offender, that contention survives his valid waiver of the right to appeal (see People v. Spencer, 149 A.D.3d 983, 983, 52 N.Y.S.3d 430).  However, the defendant's contention that the County Court improperly, in effect, treated the juvenile delinquency adjudication as a predicate offense is unpreserved for appellate review (see id. at 984, 52 N.Y.S.3d 430).  In any event, the defendant's contention is without merit.

GENOVESI, J.P., DOWLING, WAN and HOM, JJ., concur.