People v. McCauley

2025 NY Slip Op 00671

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 5, 2025
• Docket: Ind. No. 70488/22
• Status: 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