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The People of the State of New York v. John S. Cecchini, Jr.

New York v. John S. Cecchini, Jr.

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The Legal Aid Bureau of Buffalo, Inc., Buffalo (Jessica Stickl Asbach of Counsel), for Defendant-Appellant. Joseph V. Cardone, District Attorney, Albion (Susan M. Howard of Counsel), for Respondent. Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered June 30, 2022. The judgment convicted defendant upon a plea of guilty of burglary in the third degree (two counts). 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 two counts of burglary in the third degree (Penal Law § 140.20). Contrary to defendant’s contention, we conclude that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 NY3d 545, 559-564 [2019], cert denied — US —, 140 S Ct 2634 [2020]; People v. Benjamin, 216 AD3d 1457, 1457 [4th Dept 2023]). Defendant’s valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see People v. Lopez, 6 NY3d 248, 255-256 [2006]).

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