People v Paz
2026 NY Slip Op 01231 [247 AD3d 794]
March 4, 2026
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
As corrected through Wednesday, May 6, 2026
The People of the State of New York, Respondent,
v
Raul Paz, Appellant.
March 4, 2026
HEADNOTES
Crimes — Appeal — Valid Waiver of Right to Appeal
APPEARANCES OF COUNSEL
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 (Hyun Chin Kim, J.), rendered May 21, 2024, 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 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 the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255), as well as his contention that the sentence violated his constitutional rights against cruel and unusual punishment (see People v Archer, 239 AD3d 763, 764 [2025]; People v Escobargarcia, 237 AD3d 1221, 1222 [2025]).
The defendant's contention that he was deprived of the effective assistance of counsel at sentencing is without merit (see People v Benevento, 91 NY2d 708 [1998]; People v Baldi, 54 NY2d 137 [1981]). Connolly, J.P., Christopher, Ventura and Golia, JJ., concur.