| People v Benson |
| 2025 NY Slip Op 06175 [243 AD3d 672] |
| November 12, 2025 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Joshua Benson, Jr., Appellant. |
Salvatore C. Adamo, New York, NY, for appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered October 5, 2022, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545 [2019]; People v Lopez, 6 NY3d 248 [2006]). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his sentence was excessive (see People v Lopez, 6 NY3d at 255).
The defendant's contention that he was denied the effective assistance of counsel at sentencing is without merit (see generally People v Benevento, 91 NY2d 708, 714 [1998]; People v Baldi, 54 NY2d 137, 146-147 [1981]). Connolly, J.P., Brathwaite Nelson, Warhit and Ventura, JJ., concur.