Opinion
KA 03-00144.
February 11, 2004.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.), rendered December 18, 2002. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
BONNIE BURGIO, WATERTOWN, FOR DEFENDANT-APPELLANT.
RICHARD E. SWINEHART, DISTRICT ATTORNEY, WATERLOO (KRISTIN M. SUNSERKING OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, 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: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25). Defendant's waiver of the right to appeal was knowing and voluntary ( see People v. Callahan, 80 N.Y.2d 273, 280) and encompassed defendant's contentions with respect to the suppression ruling ( see People v. Kemp, 94 N.Y.2d 831, 833) and the severity of the sentence ( see People v. Hidalgo, 91 N.Y.2d 733, 737). In addition, by pleading guilty, defendant forfeited his contention with respect to the grand jury proceeding ( see People v. Hansen, 95 N.Y.2d 227, 232). In any event, we conclude that defendant's contentions lack merit.