People v. Sayles

2025 NY Slip Op 05826
Appellate Division of the Supreme Court of the State of New York·Decided October 22, 2025·No. Ind. No. 70412/23·Published

Opinion

People v Sayles (2025 NY Slip Op 05826)

People v Sayles
2025 NY Slip Op 05826
Decided on October 22, 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 October 22, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
ANGELA G. IANNACCI, J.P.
ROBERT J. MILLER
HELEN VOUTSINAS
DONNA-MARIE E. GOLIA, JJ.

2023-08332
(Ind. No. 70412/23)

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

v

Lawrence Sayles, appellant.


Twyla Carter, New York, NY (Elizabeth Batkin of counsel), for appellant.

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



DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Lisa Grey, J.), rendered August 1, 2023, convicting him of criminal contempt in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment 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 Supreme Court's colloquy followed, almost verbatim, the model colloquy for the waiver of the right to appeal drafted by the Unified Court System's Criminal Jury Instructions and Model Colloquy Committee, the use of which has been endorsed by this Court (see e.g. People v Batista, 167 AD3d 69, 76-78) and by the Court of Appeals (see People v Thomas, 34 NY3d at 566-567). 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 Myke, 232 AD3d 913; People v Esson, 225 AD3d 786, 787).

IANNACCI, J.P., MILLER, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court



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