People v Hudson, 2024 NY Slip Op 04014 [229 AD3d 1354]
July 26, 2024
Appellate Division, Fourth Department
[*1]
The People of the State of New York, Respondent,
v
Sejourn Hudson, Appellant. (Appeal No. 1.)
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Michael J. Hillery of counsel), for respondent.
Appeal from a judgment of the Erie County Court (James F. Bargnesi, J.), rendered July 27, 2021. 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, in appeal No. 1, from a judgment convicting him, upon a plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]) and, in appeal No. 2, from a judgment convicting him, upon a plea of guilty, of attempted criminal possession of a weapon in the second degree (Penal Law §§ 110.00, 265.03 [3]). Contrary to defendant’s contention, the plea colloquy establishes that he knowingly, voluntarily, and intelligently waived the right to appeal ( see People v Giles , 219 AD3d 1706 , 1706 [4th Dept 2023], lv denied 40 NY3d 1039 [2023]; 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 sentences ( see People v Lopez , 6 NY3d 248 , 255 [2006]; People v Szymanski , 217 AD3d 1415 , 1415 [4th Dept 2023], lv denied 40 NY3d 952 [2023]). Present—Whalen, P.J., Curran, Bannister, DelConte and Hannah, JJ..