The People, etc., respondent, v. William Reyes–Fuentes, appellant. (2026)

Argued—October 20, 2026

DECISION & ORDER

Q/

Appeals by the defendant from three judgments of the County Court, Nassau County (Teresa K. Corrigan, J.), all rendered August 9, 2022, convicting him of assault in the second degree under Indictment No. 1683/18, murder in the second degree and conspiracy in the second degree under Indictment No. 872/21, and promoting prison contraband in the first degree under Superior Court Information No. 71229/22, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are 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;  People v. Alvarez, 247 AD3d 1210, 1211).  The defendant's valid waiver of the right to appeal precludes appellate review of his contention that his sentences were excessive (see People v. Lopez, 6 NY3d at 255) as well as his challenge to the factual sufficiency of the plea allocution (see People v. Alvarez, 247 AD3d at 1211;  People v. Prenaj, 239 AD3d 1001).

To the extent that the defendant contends that the factual insufficiency of the plea allocution rendered his pleas involuntary and unintelligent, this contention survives a valid waiver of the right to appeal (see People v. Whittaker, 248 AD3d 1142, 1143;  People v. Prenaj, 239 AD3d at 1001).  However, contrary to the defendant's contention, it is “not necessary that a defendant provide a factual exposition for each element of the offenses to which he [or she] entered a plea of guilty” (People v. McDonnell, 214 AD3d 826, 827;  see People v. Goldstein, 12 NY3d 295, 301;  People v. Marinos, 209 AD3d 875).  “It is enough that the allocution shows that the defendant understood the charges and made an intelligent decision to enter a plea” (People v. Goldstein, 12 NY3d at 301;  see People v. McDonnell, 214 AD3d at 827;  People v. Marinos, 209 AD3d at 875).  The record here demonstrates that the defendant, who admitted to each element of the charged crimes, understood the charges and made a voluntary and intelligent decision to enter the pleas (see People v. Goldstein, 12 NY3d at 301;  People v. McDonnell, 214 AD3d at 827;  People v. Marinos, 209 AD3d at 875).

IANNACCI, J.P., GENOVESI, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court