Opinion
10-26-2016
The PEOPLE, etc., respondent, v. Jonathan THOMPSON, appellant.
Laurette Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
Laurette Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered November 17, 2014, convicting him of murder 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, 341, 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. Bernardini, 142 A.D.3d 671, 36 N.Y.S.3d 827 ). The defendant's valid appeal waiver precludes review of his challenge to the factual sufficiency of his plea allocution to the charge of murder in the second degree (see People v. Conway, 140 A.D.3d 1185, 33 N.Y.S.3d 761 ; People v. DuChatellier, 138 A.D.3d 887, 28 N.Y.S.3d 332 ; People v. Pinero, 138 A.D.3d 763, 27 N.Y.S.3d 883 ).
The defendant's remaining contention, that his plea should be vacated because the County Court allowed the prosecutor to conduct a portion of the plea allocution, is without merit (see People v. Johnson, 140 A.D.3d 1188, 35 N.Y.S.3d 375 ; People v. Fowler, 111 A.D.3d 958, 958, 975 N.Y.S.2d 691 ; cf. People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). Accordingly, we affirm the judgment of conviction.
CHAMBERS, J.P., HALL, AUSTIN and SGROI, JJ., concur.