Opinion
Submitted September 7, 2000
October 10, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rienzi, J.), rendered October 1, 199 8, convicting him of rape in the second degree (five counts), upon a plea of guilty, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Eve Kessler of counsel), for appellant, and appellant pro se.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and Jonathan J. Silbermann of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Where a plea allocution demonstrates a knowing, voluntary, and intelligent waiver of the right to appeal, intended to cover all aspects of the case, and no constitutional or statutory mandate or public policy concern prohibits its acceptance, the waiver will be upheld completely (see, People v. Kemp, 94 N.Y.2d 832, 833; People v. Muniz, 91 N.Y.2d 570, 575). Such a waiver, as here, encompasses a challenge to the severity of the sentence (see, People v. Lococo, 92 N.Y.2d 825; People v. Hidalgo, 91 N.Y.2d 733).
The defendant's contentions raised in his supplemental pro se brief were similarly waived.