People v. Washington
Opinion
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Bureau Thomas J.K. Smith, State Reporter
People v Washington
2026 NY Slip Op 04091
June 26, 2026
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This decision is uncorrected and subject to revision before publication in the Official Reports.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v
DAMELL WASHINGTON, DEFENDANT-APPELLANT.
Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department
Decided on June 26, 2026
430 KA 24-01281
Present: Whalen, P.J., Bannister, Greenwood, Nowak, And Hannah, JJ.
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.
[*1]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
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