PEOPLE v. PERKINS (2026)

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

The PEOPLE, etc., respondent, v. Gerard PERKINS, appellant.

2025–14764

Decided: October 07, 2026

FRANCESCA E. CONNOLLY, J.P., DEBORAH A. DOWLING, JANICE A. TAYLOR, PHILLIP HOM, JJ.

Alex Smith, Middletown, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Cynthia Dolan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered November 14, 2025, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Under the totality of the circumstances, 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 contention that his sentence violated the Eighth Amendment prohibition against cruel and unusual punishment is precluded by his valid waiver of the right to appeal (see People v. Yakubov, 204 AD3d 1043, 1044), as is his contention that this Court should exercise its interest of justice jurisdiction to reduce the sentence (see People v. Lopez, 6 NY3d at 256).

CONNOLLY, J.P., DOWLING, TAYLOR and HOM, JJ., concur.

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