Opinion
45 KA 13-01616.
02-05-2016
The PEOPLE of the State of New York, Respondent, v. Aaron W. CLARK, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of Counsel), for Defendant–Appellant. Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of Counsel), for Defendant–Appellant.
Lawrence Friedman, District Attorney, Batavia (William G. Zickl of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.252 ). Contrary to defendant's contention, the plea colloquy establishes that he knowingly, voluntarily and intelligently waived his right to appeal (see People v. Ingram, 128 A.D.3d 1404, 1404, 8 N.Y.S.3d 528, lv. denied 25 N.Y.3d 1202, 16 N.Y.S.3d 525, 37 N.E.3d 1168). That valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., CARNI, LINDLEY, and DeJOSEPH, JJ., concur.