Opinion
2012-06-29
The PEOPLE of the State of New York, Respondent, v. Marquez MACK, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered June 4, 2010. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of Counsel), for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for respondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered June 4, 2010. The judgment convicted defendant, upon his plea of guilty, of robbery in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Vincent F. Gugino of Counsel), for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of robbery in the second degree (Penal Law § 160.10[2][b] ). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal ( see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and that valid waiver forecloses any challenge by defendant to County Court's suppression ruling ( see People v. Kemp, 94 N.Y.2d 831, 833, 703 N.Y.S.2d 59, 724 N.E.2d 754;People v. Velardi, 93 A.D.3d 1238, 1239, 939 N.Y.S.2d 921). The waiver also encompasses defendant's challenge to the severity of the sentence ( see Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416;People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.