Opinion
2019–09214 S.C.I. No. 77/19
02-24-2021
The PEOPLE, etc., respondent, v. Anthony PUCCIO, appellant.
Ostrer & Associates, P.C., Chester, N.Y. (Benjamin Ostrer of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
Ostrer & Associates, P.C., Chester, N.Y. (Benjamin Ostrer of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.
MARK C. DILLON, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered July 19, 2019, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's waiver of his right to appeal was valid (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, 254, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Ovalles, 161 A.D.3d 1107, 1108, 73 N.Y.S.3d 894 ). The record of the plea proceeding demonstrates that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent (see People v. Ovalles, 161 A.D.3d at 1108, 73 N.Y.S.3d 894 ; People v. Brown, 122 A.D.3d 133, 144–145, 992 N.Y.S.2d 297 ). The defendant's valid waiver of his right to appeal precludes appellate review of the County Court's discretionary decision to deny the defendant's application for youthful offender status (see People v. Pacherille, 25 N.Y.3d 1021, 1024, 10 N.Y.S.3d 178, 32 N.E.3d 393 ; People v. Pettiford, 187 A.D.3d 1062, 131 N.Y.S.3d 173 ).
The defendant's remaining contention is without merit.
DILLON, J.P., HINDS–RADIX, LASALLE and BARROS, JJ., concur.