Opinion
No. KA 06-02974.
December 31, 2008.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered September 20, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-Appellant.
STACEY FULLER, DEFENDANT-APPELLANT PRO SE.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR Respondent.
Before: Hurlbutt, J.P., Martoche, Smith, Peradotto and Green, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25), defendant contends that his waiver of the right to appeal does not encompass his challenge to the severity of the sentence. We reject that contention. County Court "engaged in a full and adequate colloquy, and defendant expressly waived [his] right to appeal without limitation" ( People v Hidalgo, 91 NY2d 733, 737; see also People v Kearns, 50 AD3d 1514, lv denied 11 NY3d 790). We also reject the contention of defendant in his pro se supplemental brief that the court erred in sentencing him as a persistent violent felony offender inasmuch as defendant admitted his status as a persistent violent felony offender at the time of sentencing ( see People v Mateo, 53 AD3d 1111, lv denied 11 NY3d 791).