People v. Benson

2025 NY Slip Op 06175

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 12, 2025
• Docket: Ind. No. 3/22
• Status: Published

Opinion

People v Benson (2025 NY Slip Op 06175)

People v Benson

2025 NY Slip Op 06175

Decided on November 12, 2025

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 November 12, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
VALERIE BRATHWAITE NELSON
BARRY E. WARHIT
LOURDES M. VENTURA, JJ.

2022-09006
(Ind. No. 3/22)

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

v

Joshua Benson, Jr., appellant.

Salvatore C. Adamo, New York, NY, for appellant.

Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered October 5, 2022, convicting him of robbery 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; People v Lopez, 6 NY3d 248). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that his sentence was excessive (see People v Lopez, 6 NY3d at 255).

The defendant's contention that he was denied the effective assistance of counsel at sentencing is without merit (see generally People v Benevento, 91 NY2d 708, 714; People v Baldi, 54 NY2d 137, 146-147).

CONNOLLY, J.P., BRATHWAITE NELSON, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court