Opinion
KA 03-01837.
December 22, 2005.
Appeal from a judgment of the Onondaga County Court (William D. Walsh, J.), entered September 25, 2002. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the seventh degree.
Present: Pigott, Jr., P.J., Hurlbutt, Scudder, Smith and Lawton, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02) and criminal possession of a controlled substance in the seventh degree (§ 220.03). Contrary to the contention of defendant, his waiver of the right to appeal is valid ( see generally People v. Muniz, 91 NY2d 570, 573-574; People v. Callahan, 80 NY2d 273, 280). The valid waiver encompasses defendant's challenge to the factual sufficiency of the plea allocution ( see People v. Thelbert, 17 AD3d 1049) and, in any event, that challenge lacks merit because there is no requirement that defendant personally recite the facts underlying the crimes to which he is pleading guilty ( see People v. Singletary, 307 AD2d 779, lv denied 100 NY2d 599; People v. Brown, 305 AD2d 1068, lv denied 100 NY2d 579). Finally, the valid waiver also encompasses defendant's challenge to the severity of the sentence ( see People v. Hidalgo, 91 NY2d 733, 737; Thelbert, 17 AD3d at 1049-1050).