Opinion
1362 KA 15–02005
12-22-2017
The PEOPLE of the State of New York, Respondent, v. Jeffrey BASIL, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT. JEFFREY BASIL, DEFENDANT–APPELLANT PRO SE. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (TIMOTHY P. MURPHY OF COUNSEL), FOR DEFENDANT–APPELLANT.
JEFFREY BASIL, DEFENDANT–APPELLANT PRO SE.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum:Defendant appeals from a judgment convicting him upon his plea of guilty of manslaughter in the first degree ( Penal Law § 125.20[1] ). Contrary to defendant's contention in his main and supplemental pro se briefs, we conclude that he "knowingly, intelligently and voluntarily" waived his right to appeal ( People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and that he "ha[d] ‘a full appreciation of the consequences' of such waiver" ( People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ). We further conclude, "[b]ased on the combination of a lengthy oral colloquy, a written waiver wherein defendant ‘expressly waived [his] right to appeal without limitation,’ and an acknowledgment of that written waiver during the oral colloquy ..., that the valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence" ( People v. Morales, 148 A.D.3d 1638, 1639, 51 N.Y.S.3d 298 [4th Dept. 2017], lv denied 29 N.Y.3d 1083, 64 N.Y.S.3d 173, 86 N.E.3d 260 [2017] ). We have reviewed defendant's remaining contentions regarding the waiver of the right to appeal and conclude that they are without merit.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.