Opinion
2014-05-2
The PEOPLE of the State of New York, Respondent, v. D'Allyn E. WASHINGTON, Defendant–Appellant.
Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered August 13, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Alan Williams of Counsel), for Defendant–Appellant. D'Allyn E. Washington, Defendant–Appellant Pro Se.
Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J.), rendered August 13, 2012. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree and robbery in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Alan Williams of Counsel), for Defendant–Appellant. D'Allyn E. Washington, Defendant–Appellant Pro Se.
Lori Pettit Rieman, District Attorney, Little Valley, for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30[2] ) and robbery in the second degree (§ 160.10[1] ). 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 encompasses his challenge to the severity of the sentence ( 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). We have examined defendant's contentions in his pro se supplemental brief and conclude that none requires reversal or modification of the judgment.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. CENTRA, J.P., PERADOTTO, CARNI, VALENTINO, and WHALEN, JJ., concur.