Opinion
KA 01-01274
June 14, 2002.
Appeal from a judgment of Ontario County Court (Doran, J.), entered April 30, 2001, convicting defendant upon his plea of guilty of sodomy in the second degree (two counts).
ZIMMERMAN TYO, SHORTSVILLE (JOHN E. TYO OF COUNSEL), FOR DEFENDANT-APPELLANT.
R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (JAMES B. RITTS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PINE, J.P., WISNER, KEHOE, BURNS, 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:
Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary ( see People v. Hidalgo, 91 N.Y.2d 733, 736). That waiver encompasses the contention of defendant that County Court erred in arraigning him without addressing his dissatisfaction with assigned counsel ( see People v. Viscomi, 286 A.D.2d 886, 886; People v. Segrue, 274 A.D.2d 671, 672, lv denied 95 N.Y.2d 908) as well as his contention that the bargained-for sentence is excessive ( see People v. Wright, 288 A.D.2d 899, lv denied 97 N.Y.2d 689; People v. Gonzalez, 207 A.D.2d 563, 564).