Opinion
07-02-2015
The PEOPLE of the State of New York, Respondent, v. Michael J. VALTIN, Defendant–Appellant.
Norman P. Effman, Public Defender, Warsaw (Gregory A. Kilburn of Counsel), for Defendant–Appellant. Donald G. O'Geen, District Attorney, Warsaw (Vincent A. Hemming of Counsel), for Respondent.
Norman P. Effman, Public Defender, Warsaw (Gregory A. Kilburn of Counsel), for Defendant–Appellant.
Donald G. O'Geen, District Attorney, Warsaw (Vincent A. Hemming of Counsel), for Respondent.
Opinion
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of sexual abuse in the first degree (Penal Law § 130.65[4] ) and disseminating indecent material to minors in the second degree (§ 235.21[3] ). 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 the severity of the sentence (see id. 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.
SCUDDER, P.J., CARNI, LINDLEY, VALENTINO, and WHALEN, JJ., concur.