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The People of the State of New York v. Ivan Gilbert

New York v. Ivan Gilbert

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The Legal Aid Bureau of Buffalo, Inc., Buffalo (Erin A. Tresmond of Counsel), for Defendant-Appellant. John J. Flynn, District Attorney, Buffalo (Michael J. Mchale of Counsel), for Respondent. Appeal from a judgment of the Erie County Court (James F. Bargnesi, J.), rendered June 29, 2021. The judgment convicted defendant, upon a guilty plea, of attempted murder in the second degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]). Contrary to defendant’s contention, we conclude on this record that defendant’s waiver of the right to appeal was knowing, voluntary, and intelligent (see People v. Hawkins, 224 AD3d 1219, 1219 [4th Dept 2024]; see also People v. Rowell, 224 AD3d 1335, 1335 [4th Dept 2024], lv denied 41 NY3d 985 [2024]; People v. Roberto, 224 AD3d 1367, 1367 [4th Dept 2024]; see generally People v. Thomas, 34 NY3d 545, 559-564 [2019], cert denied — US —, 140 S Ct 2634 [2020]). Defendant’s valid waiver of the right to appeal precludes our review of his challenge to the severity of his sentence (see People v. Lopez, 6 NY3d 248, 255-256 [2006]).

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