Opinion
1272 KA 14-01167.
12-23-2015
The PEOPLE of the State of New York, Respondent, v. Kenneth GRAHAM, II, Defendant–Appellant.
Robert M. Pusateri, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Robert M. Pusateri, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his guilty plea, of assault in the second degree (Penal Law § 120.051 ). The record establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145), and his challenge to the severity of the sentence is encompassed by that valid waiver (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., CENTRA, LINDLEY, VALENTINO, and WHALEN, JJ., concur.