PEOPLE v. WINCHCOMBE (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered August 21, 2024, convicting him of reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention regarding the validity of the waiver of his right to appeal is without merit (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Drummond, 248 A.D.3d 1275, 253 N.Y.S.3d 753).  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 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;  People v. Drummond, 248 A.D.3d 1275, 253 N.Y.S.3d 753).

The defendant's valid waiver of his right to appeal also precludes appellate review of his claim that he was deprived of the effective assistance of counsel except to the extent that the alleged ineffective assistance may have affected the voluntariness of his plea (see People v. Escobar, 244 A.D.3d 999, 1000, 247 N.Y.S.3d 231;  People v. Ponce, 232 A.D.3d 741, 742, 221 N.Y.S.3d 659).  To the extent that the defendant contends that the alleged ineffective assistance of counsel affected the voluntariness of his plea, the record demonstrates that the defendant received an advantageous plea, and nothing in the record casts doubt on the apparent effectiveness of counsel (see People v. Corbett, 248 A.D.3d 1273, 256 N.Y.S.3d 118;  People v. McIntyre, 208 A.D.3d 1365, 1366, 174 N.Y.S.3d 594).

IANNACCI, J.P., DOWLING, WAN and LOVE, JJ., concur.