People v. Aitcheson

2026 NY Slip Op 00142

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 14, 2026
• Docket: Ind. No. 71363/21
• Status: Published

Opinion

People v Aitcheson (2026 NY Slip Op 00142)

People v Aitcheson

2026 NY Slip Op 00142

Decided on January 14, 2026

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 14, 2026 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
COLLEEN D. DUFFY, J.P.
LARA J. GENOVESI
WILLIAM G. FORD
JANICE A. TAYLOR
JAMES P. MCCORMACK, JJ.

2023-12283
(Ind. No. 71363/21)

[*1]The People of the State of New York, respondent,

v

Everette A. Aitcheson, appellant.

Laurette D. Mulry, Riverhead, NY (Genevieve M. Cahill of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Rosalind C. Gray of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Richard I. Horowitz, J.), imposed November 15, 2023, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal under the totality of the circumstances (see People v Thomas, 34 NY3d 545, 559; People v Lopez, 6 NY3d 248, 256). Accordingly, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v Clark, 217 AD3d 964).

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

DUFFY, J.P., GENOVESI, FORD, TAYLOR and MCCORMACK, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court