| People v Eastman |
| 2025 NY Slip Op 00459 [234 AD3d 985] |
| January 29, 2025 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Michael D. Eastman, Appellant. |
Salvatore C. Adamo, New York, NY, for appellant.
Robert V. Tendy, District Attorney, Carmel, NY (New York Prosecutors TrainingInstitute, Albany, NY [Karen Fisher McGee], of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Putnam County(Joseph J. Spofford, Jr., J.), rendered June 21, 2022, convicting him of strangulation inthe second degree and attempted assault in the first degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
In June 2022, the defendant was convicted of strangulation in the second degree(Penal Law § 121.12) and attempted assault in the first degree (id.§§ 110.00, 120.10 [1]), upon his plea of guilty, and the County Courtimposed sentence.
Contrary to the defendant's contention, the record demonstrates that he knowingly,voluntarily, and intelligently waived his right to appeal (see People v Okay, 172 AD3d1104, 1104 [2019]; Peoplev Stanley, 99 AD3d 955, 955 [2012]). Thus, appellate review of the defendant'scontention that the County Court should have granted him a violent felony override isprecluded by the valid waiver of his right to appeal (see People v Batista, 167 AD3d 69, 73 [2018]).
The defendant's valid waiver of his right to appeal also precludes appellate review ofhis claim that the sentence imposed was excessive (see People v Sanchez, 226 AD3d 441, 442 [2024]; People v Charlet, 169 AD3d712, 712 [2019]). Duffy, J.P., Christopher, Warhit and Taylor, JJ., concur.