Opinion
No. 541 KA 22-00166
07-26-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL CONVERSO, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JESSICA STICKL ASBACH OF COUNSEL), FOR DEFENDANT-APPELLANT. ANTHONY M. BRUCE, SPECIAL PROSECUTOR, BATAVIA, FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JESSICA STICKL ASBACH OF COUNSEL), FOR DEFENDANT-APPELLANT.
ANTHONY M. BRUCE, SPECIAL PROSECUTOR, BATAVIA, FOR RESPONDENT.
PRESENT: LINDLEY, J.P., BANNISTER, OGDEN, GREENWOOD, AND KEANE, JJ.
Appeal from a judgment of the Orleans County Court (Sanford A. Church, J.), rendered July 28, 2021. The judgment convicted defendant upon a guilty plea of attempted course of sexual conduct against a child in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted course of sexual conduct against a child in the second degree (Penal Law §§ 110.00, 130.80 [1] [b]). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was voluntary, knowing, and intelligent (see People v Hawkins, 224 A.D.3d 1219, 1219 [4th Dept 2024]; see generally People v Thomas, 34 N.Y.3d 545, 559-564 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]; People v Lopez, 6 N.Y.3d 248, 256 [2006]). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of his sentence (see Lopez, 6 N.Y.3d at 255-256; People v Hidalgo, 91 N.Y.2d 733, 737 [1998]; People v Lollie, 204 A.D.3d 1430, 1431 [4th Dept 2022], lv denied 38 N.Y.3d 1134 [2022]).