Opinion
01-02-2015
The PEOPLE of the State of New York, Respondent, v. Rayvon GUICE, Defendant–Appellant.
Norman P. Effman, Public Defender, Warsaw (Leah R. Nowotarski of Counsel), for Defendant–Appellant. Donald G. O'Geen, District Attorney, Warsaw (Marshall A. Kelly of Counsel), for Respondent.
Norman P. Effman, Public Defender, Warsaw (Leah R. Nowotarski of Counsel), for Defendant–Appellant.
Donald G. O'Geen, District Attorney, Warsaw (Marshall A. Kelly of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25[2] ). The record establishes that defendant knowingly, voluntarily and intelligently waived the 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 that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally 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.
CENTRA, J.P., FAHEY, LINDLEY, SCONIERS, and WHALEN, JJ., concur.