People v. Skalaski

People v Skalaski (2023 NY Slip Op 05624) People v Skalaski 2023 NY Slip Op 05624 Decided on November 8, 2023 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on November 8, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department ANGELA G. IANNACCI, J.P. LARA J. GENOVESI HELEN VOUTSINAS JANICE A. TAYLOR, JJ. 2022-08845 [*1]The People of the State of New York, respondent, v Michael P. Skalaski, appellant. (S.C.I. No. 70147/21) Yasmin Daley Duncan, Brooklyn, NY, for appellant. Robert V. Tendy, District Attorney, Carmel, NY (Kerianne Morrissey of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Putnam County (Anthony R. Molé, J.), rendered September 28, 2022, convicting him of criminal mischief in the fourth degree and criminal contempt in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v Sanders, 25 NY3d 337, 340-342; People v Lopez, 6 NY3d 248, 256-257; People v Fowler, 111 AD3d 958; cf. People v Bradshaw, 18 NY3d 257, 264, 266-267). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d at 255-256; People v Morrow, 198 AD3d 922, 923; People v Florio, 179 AD3d 834, 834-835). IANNACCI, J.P., GENOVESI, VOUTSINAS and TAYLOR, JJ., concur. ENTER: Darrell M. Joseph Acting Clerk of the Court