People v. Wheeler - Criminal Sale of Controlled Substance Conviction
Summary
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment convicting Damon Wheeler of criminal sale of a controlled substance in the third degree. The conviction followed a plea of guilty, and the court found the defendant's waiver of appeal to be valid, precluding review of the sentence.
What changed
The Appellate Division of the Supreme Court of the State of New York affirmed a judgment of conviction against Damon Wheeler for criminal sale of a controlled substance in the third degree. The decision, dated March 4, 2026, stems from a plea of guilty entered by the defendant. The court specifically addressed the defendant's waiver of his right to appeal, finding it to be knowing, voluntary, and intelligent, thereby precluding appellate review of his contention that the sentence imposed was excessive.
This ruling affirms the lower court's judgment and sentence. For legal professionals and criminal defendants, this case underscores the importance of understanding and the enforceability of appeal waivers in plea agreements. The decision reinforces established legal precedent regarding the conditions under which such waivers are upheld, impacting the scope of appellate review in similar cases.
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March 4, 2026 Get Citation Alerts Add Note
People v. Wheeler
Appellate Division of the Supreme Court of the State of New York
- Citations: 2026 NY Slip Op 01235
Docket Number: Ind. No. 70961/22
Combined Opinion
People v Wheeler (2026 NY Slip Op 01235)
| People v Wheeler |
| 2026 NY Slip Op 01235 |
| Decided on March 4, 2026 |
| 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 March 4, 2026
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
DEBORAH A. DOWLING
SUSAN QUIRK, JJ.
2023-09409
(Ind. No. 70961/22)
*[1]The People of the State of New York, respondent,
v
Damon Wheeler, appellant.**
Kenyon C. Trachte, Newburgh, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Cynthia Dolan and Andrew R. Kass of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered September 19, 2023, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Thomas, 34 NY3d 545; People v Lopez, 6 NY3d 248). 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).
DILLON, J.P., BRATHWAITE NELSON, DOWLING and QUIRK, JJ., concur.
ENTER:
Darrell M. Joseph
Clerk of the Court
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