People v Gilbert, 2024 NY Slip Op 03289 [228 AD3d 1341]
June 14, 2024
Appellate Division, Fourth Department
[*1]
The People of the State of New York, Respondent,
v
Ivan Gilbert, Appellant.
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 589 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]). Present—Smith, J.P., Curran, Montour, Nowak and DelConte, JJ..