Opinion
No. 2022-09875 Ind. No. 266/21
03-20-2024
The People of the State of New York, respondent, v. Jonathan Esson, appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent. Alex Smith, Middletown, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Alex Smith, Middletown, NY, for appellant.
MARK C. DILLON, J.P. FRANCESCA E. CONNOLLY BARRY E. WARHIT CARL J. LANDICINO, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered November 15, 2022, convicting him of attempted murder 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 Lopez, 6 N.Y.3d 248, 257; People v Coplin, 194 A.D.3d 739). Contrary to the defendant's contention, the County Court adequately explained, and the defendant acknowledged that he understood, the separate and distinct nature of the waiver of the right to appeal (see People v Headley, 197 A.D.3d 1329, 1330; People v Miles, 189 A.D.3d 890, 891). The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that the sentence imposed was excessive (see People v Coplin, 194 A.D.3d 739) and that the sentence constitutes cruel and unusual punishment (see People v Yakubov, 204 A.D.3d 1043, 1044).
DILLON, J.P., CONNOLLY, WARHIT and LANDICINO, JJ., concur.