Crimes - Appeal - Valid Waiver

Appeal from a judgment of the Wayne County Court (Richard M. Healy, J.), rendered August 2, 2023. The judgment convicted defendant upon a plea of guilty of assault 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 assault in the second degree (Penal Law § 120.05 [3]).

Contrary to defendant's contention, the record establishes that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Williams, 228 AD3d 1316, 1316 [4th Dept 2024], lv denied 42 NY3d 972 [2024], denied reconsideration 42 NY3d 1055 [2024]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US 1302 [2020]; People v Lopez, 6 NY3d 248, 256 [2006]). County Court's oral colloquy did not mischaracterize the waiver of the right to appeal as "an absolute bar to the taking of a first-tier direct appeal" (Thomas, 34 NY3d at 558; see People v Figueroa, 230 AD3d 1581, 1582 [4th Dept 2024], lv denied 42 NY3d 1079 [2025]). To the extent that defendant contends that the written waiver form he executed was defective, the oral colloquy, which followed the appropriate model colloquy, "cured th[e] [alleged] defect[s]" (People v Hoose, 236 AD3d 1294, 1295 [4th Dept 2025], lv denied 44 NY3d 993 [2025] [internal quotation marks omitted]; see People v Tandle, 238 AD3d 1503, 1504 [4th Dept 2025], lv denied 43 NY3d 1059 [2025]; Williams, 228 AD3d at 1317).

Defendant's valid waiver of the right to appeal precludes our review of his challenge to the severity of the sentence (see Lopez, 6 NY3d at 255-256; Tandle, 238 AD3d at 1504). Present—Whalen, P.J., Curran, Montour, Smith and Greenwood, JJ.