| People v Smith |
| 2025 NY Slip Op 06503 [243 AD3d 1370] |
| November 21, 2025 |
| 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 Harold Smith, Appellant. |
Sarah S. Holt, Conflict Defender, Rochester (Stephanie M. Stare of counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Bridget L. Field of counsel), for respondent.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered December 12, 2022. The judgment convicted defendant upon a guilty plea of attempted criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). We affirm. Defendant's valid waiver of the right to appeal precludes our review of his contention that he was denied his statutory right to a speedy trial (see People v Kelly, 231 AD3d 1515, 1516 [4th Dept 2024], lv denied 43 NY3d 931 [2025]; People v Wint, 222 AD3d 1050, 1051 [3d Dept 2023], lv denied 41 NY3d 945 [2024]; People v Paduano, 84 AD3d 1730, 1730 [4th Dept 2011]). Present—Whalen, P.J., Smith, Greenwood, DelConte and Hannah, JJ.