People v. Cao
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Cao
2026 NY Slip Op 04701
July 24, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
GIANG CAO, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
543 KA 24-00440
Present: Whalen, P.J., Curran, Montour, Greenwood, And Nowak, JJ.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT L. KEMP OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (Suzanne Maxwell Barnes, J.), rendered March 6, 2024. The judgment convicted defendant, upon his plea of guilty, of attempted assault in the second degree.
[*1]It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, following his plea of guilty, of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]). We affirm. Contrary to defendant's contention, we conclude on this record that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v Zukic, 240 AD3d 1192, 1193 [4th Dept 2025], lv denied 44 NY3d 995 [2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US 1302 [2020]). Defendant's valid waiver of the right to appeal precludes our review of his challenge to the severity of his sentence (see People v Lopez, 6 NY3d 248, 255-256 [2006]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
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