Opinion
03-31-2017
The PEOPLE of the State of New York, Respondent, v. Anthony D. BONES, Defendant–Appellant.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant. Theodore A. Brenner, Deputy District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of Counsel), for defendant-appellant.
Theodore A. Brenner, Deputy District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the fifth degree (Penal Law § 220.31 ). 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 ). That valid waiver constitutes a "general unrestricted waiver" that encompasses his contention that the sentence imposed is unduly harsh and severe (People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; 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., PERADOTTO, DeJOSEPH, NEMOYER, and SCUDDER, JJ., concur.