People v. Felvus
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Felvus
2026 NY Slip Op 04697
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
RICHARD FELVUS, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on July 24, 2026
539 KA 23-01122
Present: Whalen, P.J., Curran, Montour, Greenwood, And Nowak, JJ.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (SHAWN P. HENNESSY OF COUNSEL), FOR DEFENDANT-APPELLANT.
BRIAN D. SEAMAN, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Niagara County Court (Caroline Wojtaszek, J.), rendered June 13, 2023. The judgment convicted defendant upon a plea of guilty of strangulation in the second degree and forcible touching.
[*1]It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his guilty plea of strangulation in the second degree (Penal Law § 121.12) and forcible touching (§ 130.52 [1]). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Ogden, 244 AD3d 1774, 1774-1775 [4th Dept 2025]; see generally People v Thomas, 34 NY3d 545, 559-564 [2019], cert denied 589 US 1302 [2020]; People v Lopez, 6 NY3d 248, 256 [2006]). The valid waiver encompasses defendant's challenge to the severity of the sentence (see Lopez, 6 NY3d at 255; People v Zakrzewski, 244 AD3d 1798, 1798 [4th Dept 2025], lv denied 45 NY3d 975 [2026]).
Entered: July 24, 2026
Ann Dillon Flynn
Clerk of the Court
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