Opinion
No. 2022-00194 Ind. No. 4/21
07-19-2023
The People of the State of New York, respondent, v. James Heath, appellant.
Gary E. Eisenberg, New City, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Shea Scanlon Lomma of counsel), for respondent.
Gary E. Eisenberg, New City, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Shea Scanlon Lomma of counsel), for respondent.
MARK C. DILLON, J.P. VALERIE BRATHWAITE NELSON WILLIAM G. FORD JANICE A. TAYLOR, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered December 2, 2021, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant challenges the factual sufficiency of the plea allocution. The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 264; People v Lopez, 6 N.Y.3d 248, 256). The defendant's valid waiver of his right to appeal precludes appellate review of his objection to the factual sufficiency of the plea allocution (see People v Headley, 197 A.D.3d 1329, 1330; People v Hicks, 134 A.D.3d 854; People v Hyland, 123 A.D.3d 736, 737).
DILLON, J.P., BRATHWAITE NELSON, FORD and TAYLOR, JJ., concur.