PEOPLE v. PUNCH (2026)

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

The PEOPLE, etc., respondent, v. Michael G. PUNCH, appellant.

2023–11948

Decided: November 04, 2026

ANGELA G. IANNACCI, J.P., LARA J. GENOVESI, LAURENCE L. LOVE, ELENA GOLDBERG VELAZQUEZ, JJ.

Salvatore C. Adamo, New York, NY, for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered September 18, 2023, convicting him of criminal possession of a weapon in the second 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 he was deprived of the effective assistance of counsel, except to the extent that the alleged ineffective assistance affected the voluntariness of his plea (see People v Hendrix, 172 AD3d 1224). To the extent that the defendant's ineffective assistance of counsel claim survives his valid waiver of the right to appeal, the claim is without merit (see People v Rodriguez, 144 AD3d 950).

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 NY3d at 255–256; People v Batista, 167 AD3d 69, 75).

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

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