| People v Gilbert |
| 2024 NY Slip Op 03289 [228 AD3d 1341] |
| June 14, 2024 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Ivan Gilbert, 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.
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 second 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 AD3d 1219, 1219 [4th Dept 2024]; see also People v Rowell, 224 AD3d 1335, 1335 [4th Dept 2024], lv denied 41 NY3d 985 [2024]; People v Roberto, 224 AD3d 1367, 1367 [4th Dept 2024]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US &mdash, 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 NY3d 248, 255-256 [2006]). Present—Smith, J.P., Curran, Montour, Nowak and DelConte, JJ.