Opinion
08-23-2017
The PEOPLE of the State of New York, Respondent, v. Christopher A. CARTER, Jr., Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester, Trevett Cristo P.C. (Eric M. Dolan of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester, Trevett Cristo P.C. (Eric M. Dolan of Counsel), for defendant-appellant.Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of conspiracy in the second degree ( Penal Law § 105.15 ). Contrary to defendant's contention, County Court's plea colloquy and the written waiver of the right to appeal establish that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Bradshaw, 18 N.Y.3d 257, 264–265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Kesick, 119 A.D.3d 1371, 1372, 988 N.Y.S.2d 395 ), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CARNI, J.P., CURRAN, TROUTMAN, WINSLOW, and SCUDDER, JJ., concur.