People v. Winchcombe

Opinion

People v Winchcombe

2026 NY Slip Op 04878

August 5, 2026

Appellate Division, Second 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

Michael A. Winchcombe, Jr., appellant. (S.C.I. No. 35/24)

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on August 5, 2026

2024-08590

Angela G. Iannacci, J.P.

Deborah A. Dowling

Lillian Wan

Laurence L. Love, JJ.

Salvatore C. Adamo, New York, NY, for appellant.

Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

[*1]

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered August 21, 2024, convicting him of reckless endangerment in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention regarding the validity of the waiver of his right to appeal is without merit (see People v Lopez, 6 NY3d 248, 256; People v Drummond, 248 AD3d 1275). 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 255-256; People v Drummond, 248 AD3d 1275).

The defendant's valid waiver of his right to appeal also precludes appellate review of his claim that he was deprived of the effective assistance of counsel except to the extent that the alleged ineffective assistance may have affected the voluntariness of his plea (see People v Escobar, 244 AD3d 999, 1000; People v Ponce, 232 AD3d 741, 742). To the extent that the defendant contends that the alleged ineffective assistance of counsel affected the voluntariness of his plea, the record demonstrates that the defendant received an advantageous plea, and nothing in the record casts doubt on the apparent effectiveness of counsel (see People v Corbett, 248 AD3d 1273; People v McIntyre, 208 AD3d 1365, 1366).

IANNACCI, J.P., DOWLING, WAN and LOVE, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court