Opinion
No. KA 07-01495.
December 30, 2009.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 15, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a weapon in the second degree, criminal possession of a weapon in third degree (two counts) and criminally using drug paraphernalia in the second degree.
PAUL M. DEEP, UTICA, FOR DEFENDANT-APPELLANT.
SCOTT D. McNAMARA, DISTRICT ATTORNEY, UTICA (STEVEN G. COX OF COUNSEL), FOR RESPONDENT.
Present: Scudder, P.J., Hurlbutt, Smith and Centra, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of, inter alia, two counts of criminal possession of a controlled substance in the third degree (Penal Law § 220.16, [12]). Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowingly, intelligently and voluntarily entered ( see People v Lopez, 6 NY3d 248, 256). That valid waiver encompasses defendant's challenge to the factual sufficiency of the plea allocution and, in any event, defendant failed to preserve that challenge for our review ( see People v Grimes, 53 AD3d 1055, 1056, lv denied 11 NY3d 789). The challenge by defendant to the severity of the sentence is also encompassed by his valid waiver of the right to appeal ( see People v Hidalgo, 91 NY2d 733, 737).