Opinion
No. 713 KA 21-01720
11-15-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DESMEN SIMPSON, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN HUTCHISON OF COUNSEL), FOR DEFENDANT-APPELLANT. MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SUSAN HUTCHISON OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, GREENWOOD, AND HANNAH, JJ.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges, J.), rendered November 8, 2021. The judgment convicted defendant upon his plea of guilty of aggravated criminal contempt.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of aggravated criminal contempt (Penal Law § 215.52 [3]). Contrary to defendant's contention, we conclude on this record that defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see People v Foumakoye, 229 A.D.3d 1380, 1380 [4th Dept 2024], lv denied - N.Y.3d - [2024]; People v Roberto, 224 A.D.3d 1367, 1367 [4th Dept 2024]; see generally People v Thomas, 34 N.Y.3d 545, 559-564 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]). Defendant's valid waiver of the right to appeal precludes our review of his challenge to the severity of his sentence (see People v Lopez, 6 N.Y.3d 248, 255-256 [2006]).