People v Hunter
2020 NY Slip Op 03407 [184 AD3d 754]
June 17, 2020
Appellate Division, Second Department
As corrected through Wednesday, August 5, 2020


[*1]
 The People of the State of New York,Respondent,
v
Nashaun Hunter, Appellant.

Marianne Karas, Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (William C. Milaccio andChristine DiSalvo of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (BarryE. Warhit, J.), rendered November 16, 2016, convicting him of manslaughter 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 waivedhis right to appeal (see People vSanders, 25 NY3d 337, 339-342 [2015]; People v Lopez, 6 NY3d 248, 256-257 [2006]). The defendant'svalid waiver of his right to appeal precludes appellate review of his contentions that the SupremeCourt improvidently exercised its discretion in declining to grant him youthful offendertreatment, or that the sentence imposed was excessive (see People v Benson, 177 AD3d 994 [2019]; see also People v Pacherille, 25 NY3d1021, 1023-1024 [2015]). Moreover, since the defendant's claim of ineffective assistance ofcounsel does not relate to the voluntariness of the plea, the defendant's valid and unrestrictedwaiver of his right to appeal forecloses appellate review of that claim (see People v Ceparano, 96 AD3d774, 775 [2012]). Rivera, J.P., Balkin, Leventhal and Connolly, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.