Opinion
06-09-2017
The PEOPLE of the State of New York, Respondent, v. Nathaniel J. DOYLE, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Leah R. Mervine of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of criminal contempt in the first degree (Penal Law § 215.51[c] ). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was knowing, intelligent, and voluntary (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), and we conclude that the valid waiver encompasses his challenge to the severity of the sentence (see id. at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., CENTRA, PERADOTTO, LINDLEY, and NEMOYER, JJ., concur.