Opinion
1496 KA 14–01033
12-22-2017
The PEOPLE of the State of New York, Respondent, v. Brandon L. COCHRAN, Defendant–Appellant.
DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
Memorandum:
On appeal from a judgment convicting him upon his plea of guilty of two counts of murder in the second degree ( Penal Law § 125.25[1], [3] ), defendant contends that he did not validly waive his right to appeal the severity of his sentence. We reject that contention. The oral and written waiver of the right to appeal obtained during the plea proceeding establishes that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Butler, 151 A.D.3d 1959, 1959–1960, 55 N.Y.S.3d 569 [4th Dept. 2017], lv denied 30 N.Y.3d 948, 67 N.Y.S.3d 131, 89 N.E.3d 521 [2017] ; see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Defendant's valid waiver of the right to appeal, which included a waiver of the right to challenge both the conviction and the sentence, encompasses his contention that the sentence imposed is unduly harsh and severe (see People v. Walker, 151 A.D.3d 1730, 1731, 57 N.Y.S.3d 806 [4th Dept. 2017], lv. denied 29 N.Y.3d 1135, 64 N.Y.S.3d 685, 86 N.E.3d 577 [2017], reconsideration denied 30 N.Y.3d 984, 67 N.Y.S.3d 586, 89 N.E.3d 1266 [2017] ; People v. Eaton, 151 A.D.3d 1950, 1951, 54 N.Y.S.3d 903 [4th Dept. 2017] ; Butler, 151 A.D.3d at 1959–1960, 55 N.Y.S.3d 569 ; see generally Lopez, 6 N.Y.3d at 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.