Opinion
KA 02-02717.
February 11, 2004.
Appeal from a judgment of the Ontario County Court (Craig J. Doran, J.), rendered November 26, 2002. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree.
JOHN E. TYO, SHORTSVILLE, FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JAMES B. RITTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: GREEN, J.P., WISNER, SCUDDER, GORSKI, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Contrary to the contention of defendant, his waiver of the right to appeal was effective, even though it was not in writing ( see People v. Willis [appeal No. 1], 2 A.D.3d 1322 [Dec. 31, 2003]). We conclude that defendant knowingly, intelligently and voluntarily waived his right to appeal, and none of defendant's remaining contentions survive that waiver.