People v. Benson
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)
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
Free access — add to your briefcase to read the full text and ask questions with AI
2025 NY Slip Op 06175 (People v. Benson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.