People v Cruz
2025 NY Slip Op 06617 [243 AD3d 920]
November 26, 2025
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 6, 2027


[*1]
 The People of the State of New York, Respondent,
v
Elijah D. Cruz, Appellant.

Alex Smith, Middletown, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Edward D. Saslaw of counsel), for respondent.


HEADNOTES


Crimes - Appeal - Valid Waiver of Right to Appeal

Appeal by the defendant from a judgment of the County Court, Orange County (Victoria B. Campbell, J.), rendered January 15, 2025, convicting him of criminal possession of a weapon 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 Gutierrez, 237 AD3d 743, 743-744 [2025]; see also People v Thomas, 34 NY3d 545, 566-567 [2019]). The defendant's valid waiver of his right to appeal precludes appellate review of the County Court's discretionary determination to decline to grant him youthful offender treatment (see People v Pacherille, 25 NY3d 1021, 1024 [2015]; People v Mauro, 197 AD3d 502, 503 [2021]), as well as the defendant's contentions that the sentence imposed was excessive and constituted cruel and unusual punishment (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Efferson, 238 AD3d 784, 784 [2025]). LaSalle, P.J., Ford, Voutsinas and McCormack, JJ., concur.