People v. Heath

192 N.Y.S.3d 253, 218 A.D.3d 693, 2023 NY Slip Op 03871

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 19, 2023
• Docket: Ind. No. 4/21
• Status: Published

Opinion

People v Heath (2023 NY Slip Op 03871)

People v Heath

2023 NY Slip Op 03871

Decided on July 19, 2023

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 July 19, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
WILLIAM G. FORD
JANICE A. TAYLOR, JJ.

2022-00194
(Ind. No. 4/21)

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

v

James Heath, appellant.

Gary E. Eisenberg, New City, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco and Shea Scanlon Lomma of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Barry E. Warhit, J.), rendered December 2, 2021, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant challenges the factual sufficiency of the plea allocution. The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257, 264; People v Lopez, 6 NY3d 248, 256). The defendant's valid waiver of his right to appeal precludes appellate review of his objection to the factual sufficiency of the plea allocution (see People v Headley, 197 AD3d 1329, 1330; People v Hicks, 134 AD3d 854; People v Hyland, 123 AD3d 736, 737).

DILLON, J.P., BRATHWAITE NELSON, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court