Opinion
11-20-2015
The PEOPLE of the State of New York, Respondent, v. Awet GEBREYESUS, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his guilty plea of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1] ), defendant contends that his waiver of the right to appeal is invalid. We reject that contention. The record establishes that defendant waived his right to appeal as a condition of a negotiated plea bargain and sentence (see People v. Mercedes, 171 A.D.2d 1044, 1044, 579 N.Y.S.2d 601, lv. denied 77 N.Y.2d 998, 571 N.Y.S.2d 923, 575 N.E.2d 409). To the extent that defendant contends that his waiver of the right to appeal is invalid because the court did not conduct an “in-depth examination ... concerning the potential language barriers,” we note that an interpreter was present and assisted defendant throughout the plea and sentencing proceedings (see id.; see also People v. Rosa–Sanchez, 267 A.D.2d 981, 981, 700 N.Y.S.2d 906, lv. denied 95 N.Y.2d 938, 721 N.Y.S.2d 614, 744 N.E.2d 150). Moreover, the record establishes that defendant reviewed the written waiver of the right to appeal with his attorney, stated that he understood it completely, and had no questions for the court with respect to it. Defendant's waiver of the right to appeal forecloses review of defendant's remaining contentions, and we therefore do not reach them (see generally People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, LINDLEY, VALENTINO, and DeJOSEPH, JJ., concur.