People v Washington

Jun 26, 2026
430 KA 24-01281
Versions:

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (AXELLE LECOMTE MATHEWSON OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (PAUL J. WILLIAMS, III, OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Supreme Court, Erie County (Betty Calvo-Torres, A.J.), rendered February 1, 2024. The judgment convicted defendant upon his plea of guilty of criminal possession of a weapon 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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). 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 Zukic, 240 AD3d 1192, 1193 (4th Dept 2025), lv denied 44 NY3d 995 [2025]; People v Vandusen, 235 AD3d 1254, 1254-1255 (4th Dept 2025), lv denied 43 NY3d 966 [2025]; see generally People v Thomas, 34 NY3d 545, 563 (2019), cert denied 589 US 1302 [2020]), and the valid waiver forecloses defendant‘s challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]).

Entered: June 26, 2026

Ann Dillon Flynn

Clerk of the Court