Opinion
KA 01-02346.
December 31, 2003.
Appeal from a judgment of Erie County Court (Drury, J.), entered October 31, 2001, convicting defendant upon his plea of guilty of criminal possession of stolen property in the fourth degree and unauthorized use of a vehicle in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MARY GOOD OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (WENDY R. IRENE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
Before: PRESENT: PIGOTT, JR., P.J., WISNER, KEHOE, LAWTON, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of stolen property in the fourth degree (Penal Law § 165.45) and unauthorized use of a vehicle in the third degree (§ 165.05 [1]). Defendant's waiver of the right to appeal was knowing, voluntary and intelligent ( see People v. Baxter, 302 A.D.2d 950, 951, lv denied 99 N.Y.2d 652), and that waiver encompasses defendant's contention with regard to the severity of the enhanced sentence ( see People v. Melendez, 291 A.D.2d 887, 888, lv denied 98 N.Y.2d 639) . Defendant's remaining contention is not preserved for our review ( see People v. Harris, 289 A.D.2d 1068, lv denied 98 N.Y.2d 637), and we decline to exercise our power to review it as a matter of discretion in the interest of justice ( see CPL 470.15 [a]).