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People v. Skalaski

Supreme Court of New York, Second Department
Nov 8, 2023
221 A.D.3d 734 (N.Y. App. Div. 2023)

Opinion

2022–08845 S.C.I. No. 70147/21

11-08-2023

The PEOPLE, etc., respondent, v. Michael P. SKALASKI, appellant.

Yasmin Daley Duncan, Brooklyn, NY, for appellant. Robert V. Tendy, District Attorney, Carmel, NY (Kerianne Morrissey of counsel), for respondent.


Yasmin Daley Duncan, Brooklyn, NY, for appellant.

Robert V. Tendy, District Attorney, Carmel, NY (Kerianne Morrissey of counsel), for respondent.

ANGELA G. IANNACCI, J.P., LARA J. GENOVESI, HELEN VOUTSINAS, JANICE A. TAYLOR, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Putnam County (Anthony R. Mole´, J.), rendered September 28, 2022, convicting him of criminal mischief in the fourth degree and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Fowler, 111 A.D.3d 958, 975 N.Y.S.2d 691 ; cf. People v. Bradshaw, 18 N.Y.3d 257, 264, 266–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). 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 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Morrow, 198 A.D.3d 922, 923, 152 N.Y.S.3d 840 ; People v. Florio, 179 A.D.3d 834, 834–835, 113 N.Y.S.3d 886 ).

IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur.


Summaries of

People v. Skalaski

Supreme Court of New York, Second Department
Nov 8, 2023
221 A.D.3d 734 (N.Y. App. Div. 2023)
Case details for

People v. Skalaski

Case Details

Full title:The People of the State of New York, Respondent, v. Michael P. Skalaski…

Court:Supreme Court of New York, Second Department

Date published: Nov 8, 2023

Citations

221 A.D.3d 734 (N.Y. App. Div. 2023)
2023 N.Y. Slip Op. 5624
199 N.Y.S.3d 650