People v. Headley

• Decision Date: 29 September 2021
• Docket Number: Ind. No. 1574/16,2018–06896
• Citation: 151 N.Y.S.3d 905 (Mem),197 A.D.3d 1329
• Parties: The PEOPLE, etc., respondent, v. Roxy HEADLEY, Jr., appellant.
• Court: New York Supreme Court — Appellate Division

197 A.D.3d 1329
151 N.Y.S.3d 905 (Mem)

The PEOPLE, etc., respondent,
v.
Roxy HEADLEY, Jr., appellant.

2018–06896
Ind. No. 1574/16

Supreme Court, Appellate Division, Second Department, New York.

Argued—May 27, 2021
September 29, 2021

Laurette D. Mulry, Riverhead, N.Y. (Lisa Marcoccia of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo and Marion Tang of counsel), for respondent.

REINALDO E. RIVERA, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, JJ.

DECISION & ORDER

197 A.D.3d 1329

Appeal by the defendant from a judgment of the County Court, Suffolk County (Mark D. Cohen, J.), rendered May 16, 2018, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal at the time he entered his plea of guilty (see

197 A.D.3d 1330

People v. Thomas, 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Mack, 168 A.D.3d 1100, 1100, 92 N.Y.S.3d 404 ). The record reveals that the County Court adequately explained, and the defendant acknowledged that he understood, the separate and distinct nature of the waiver of the right to appeal, and the court did not mischaracterize the nature or scope of the waiver (see e.g. People v. Moore, 140 A.D.3d 1091, 1091, 34 N.Y.S.3d 147 ; People v. Corbin, 121 A.D.3d 803, 803–804, 993 N.Y.S.2d 746 ). Moreover, the defendant signed a written waiver which adequately supplemented the oral colloquy (see People v. Johnson, 185 A.D.3d 838, 839, 125 N.Y.S.3d 578, lv granted 36 N.Y.3d 1120, 146 N.Y.S.3d 220, 169 N.E.3d 578 ). 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. Smith, 193 A.D.3d 986, 142 N.Y.S.3d 834 ; People v. Palladino, 140 A.D.3d 1194, 1195, 33 N.Y.S.3d 469 ).

The defendant's valid waiver of his right to appeal precludes appellate review of his objections to the factual sufficiency of the plea allocution (see People v. Spencer, 149 A.D.3d...