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People v. Esson

New York Supreme Court — Appellate Division
Mar 20, 2024
205 N.Y.S.3d 496 (N.Y. App. Div. 2024)

Opinion

03-20-2024

The PEOPLE, etc., respondent, v. Jonathan ESSON, appellant.

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.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

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, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Coplin, 194 A.D.3d 739, 143 N.Y.S.3d 557). 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, 151 N.Y.S.3d 905; People v. Miles, 189 A.D.3d 890, 891, 133 N.Y.S.3d 485). 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, 143 N.Y.S.3d 557) and that the sentence constitutes cruel and unusual punishment (see People v. Yakubov, 204 A.D.3d 1043, 1044, 165 N.Y.S.3d 355).

DILLON, J.P., CONNOLLY, WARHIT and LANDICINO, JJ., concur.


Summaries of

People v. Esson

New York Supreme Court — Appellate Division
Mar 20, 2024
205 N.Y.S.3d 496 (N.Y. App. Div. 2024)
Case details for

People v. Esson

Case Details

Full title:The PEOPLE, etc., respondent, v. Jonathan ESSON, appellant.

Court:New York Supreme Court — Appellate Division

Date published: Mar 20, 2024

Citations

205 N.Y.S.3d 496 (N.Y. App. Div. 2024)

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