Opinion
11-09-2017
The PEOPLE of the State of New York, Respondent v. Ronald McCLELLAN, Jr., Defendant–Appellant.
Kathleen A. Kugler, Conflict Defender, Lockport, for defendant-appellant. Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
Kathleen A. Kugler, Conflict Defender, Lockport, for defendant-appellant.
Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the first degree ( Penal Law §§ 110.00, 120.10 [1 ] ). Contrary to defendant's contention, the record establishes that he 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 [2006] ), and that valid waiver forecloses defendant's challenge to the severity of his 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 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CENTRA, LINDLEY, TROUTMAN, and WINSLOW, JJ., concur.