People v. Diaz-Zuniga

2026 NY Slip Op 00522

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 4, 2026
• Docket: 2024-13556
• Status: Published

Opinion

People v Diaz-Zuniga (2026 NY Slip Op 00522)

People v Diaz-Zuniga

2026 NY Slip Op 00522

Decided on February 4, 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 February 4, 2026 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
LINDA CHRISTOPHER
HELEN VOUTSINAS
LAURENCE L. LOVE
ELENA GOLDBERG VELAZQUEZ, JJ.

2024-13556

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

v

Denis A. Diaz-Zuniga, appellant. (S.C.I. No. 148/24)

Margaret M. Walker, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant.

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

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Dutchess County (Jessica Z. Segal, J.), imposed November 21, 2024, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence 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 the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255).

IANNACCI, J.P., CHRISTOPHER, VOUTSINAS, LOVE and GOLDBERG VELAZQUEZ, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court