Opinion
167 KA 14-01320.
03-18-2016
The PEOPLE of the State of New York, Respondent, v. Todd M. DELAVALLE, Jr., Defendant–Appellant.
David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (Penal Law §§ 110.00, 160.153 ), we reject defendant's contention that the waiver of the right to appeal is not valid (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145). Contrary to defendant's further contention, the sentence is not illegal, and the valid waiver of the right to appeal encompasses his contention that the sentence is unduly harsh and severe (see generally id. 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.
CARNI, J.P., LINDLEY, DeJOSEPH, NEMOYER, and TROUTMAN, JJ., concur.