Opinion
KA 01-02207
March 21, 2003.
Appeal from a judgment of Orleans County Court (Punch, J.), entered August 7, 2001, convicting defendant upon his plea of guilty of attempted robbery in the first degree.
THE ANDERSON LAW FIRM P.C., ROCHESTER (CHRISTOPHER ANDERSON OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (KATHERINE KERSCH BOGAN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., WISNER, SCUDDER, BURNS, AND GORSKI, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, County Court "fully apprised him of his right to appeal and the consequences of his waiver of that right, which defendant indicated that he understood" (People v. Raquel, 238 A.D.2d 766, 767). Defendant's waiver of the right to appeal therefore is valid (see People v. Moissett, 76 N.Y.2d 909, 910-911), and that waiver encompasses defendant's double jeopardy claim (see People v. Muniz, 91 N.Y.2d 570, 574).