People v. McCauley

2025 NY Slip Op 00671
Appellate Division of the Supreme Court of the State of New York·Decided February 5, 2025·No. Ind. No. 70488/22·Published

Opinion

People v McCauley (2025 NY Slip Op 00671)
People v McCauley
2025 NY Slip Op 00671
Decided on February 5, 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 February 5, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LILLIAN WAN
LOURDES M. VENTURA, JJ.

2022-10225
(Ind. No. 70488/22)

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

v

Thomas McCauley, appellant.


Patricia Pazner, New York, NY (Steven C. Kuza of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Thomas B. Litsky and Timothy Pezzoli of counsel), for respondent.



DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Alexander Jeong, J.), imposed November 10, 2022, 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).

DILLON, J.P., CHAMBERS, WAN and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court



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People v. McCauley, 2025 NY Slip Op 00671 (N.Y. Ct. App. 2025).

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Related

People v. Lopez
844 N.E.2d 1145 (New York Court of Appeals, 2006)