Opinion
06-14-2024
The PEOPLE of the State of New York, Respondent, v. Ivan GILBERT, Defendant-Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. MCHALE OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (James F. Bargnesi, J.), rendered June 29, 2021. The judgment convicted defendant, upon a guilty plea, of attempted murder in the second degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ERIN A. TRESMOND OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. MCHALE OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND DELCONTE, JJ.
MEMORANDUM AND ORDER
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 attempted murder in the sec- ond degree (Penal Law §§ 110.00, 125.25 [1]). 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. Hawkins, 224 A.D.3d 1219, 1219, 202 N.Y.S.3d 860 [4th Dept. 2024]; see also People v. Rowell, 224 A.D.3d 1335, 1335, 203 N.Y.S.3d 464 [4th Dept. 2024], lv denied 41 N.Y.3d 985, 210 N.Y.S.3d 747, 234 N.E.3d 363 [2024]; People v. Roberto, 224 A.D.3d 1367, 1367, 204 N.Y.S.3d 854 [4th Dept. 2024]; see generally People v. Thomas, 34 N.Y.3d 545, 559-564, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied — U.S. —, 140 S.Ct. 2634, 206 L.Ed.2d 512 [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, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).