People v Horace (2025 NY Slip Op 05962)
People v Horace
2025 NY Slip Op 05962 [242 AD3d 1218]
October 29, 2025
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2025


[*1]
 The People of the State of New York, Respondent,
v
Owen J. Horace, Appellant.

Alex Smith, Middletown, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Cynthia Dolan and Andrew R. Kass of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered October 17, 2024, convicting him of burglary in the first 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 validly waived his right to appeal (see People v Williams, 224 AD3d 706, 707 [2024]; People v Melvin, 165 AD3d 1291, 1291 [2018]). His valid appeal waiver precludes appellate review of his contentions that the sentence imposed was excessive and constituted cruel and unusual punishment (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Foy, 238 AD3d 785 [2025]). Dillon, J.P., Christopher, Warhit and Landicino, JJ., concur.