Opinion
06-10-2016
The PEOPLE of the State of New York, Respondent, v. Richard H. MOORE, Defendant–Appellant.
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant. Richard H. Moore, Defendant–Appellant Pro Se. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered May 2, 2014. The judgment convicted defendant, upon his plea of guilty, of manslaughter in the first degree.
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant.
Richard H. Moore, Defendant–Appellant Pro Se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
MEMORANDUM: Defendant appeals from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20[1] ). Contrary to defendant's contention in his pro se supplemental brief, 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 ), and that he understood “ ‘that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ ” (People v. Dames, 122 A.D.3d 1336, 1336, 994 N.Y.S.2d 758, lv. denied 25 N.Y.3d 1162, 15 N.Y.S.3d 294, 36 N.E.3d 97 ). That valid waiver forecloses any challenge by defendant to the severity of the sentence (see Lopez, 6 N.Y.3d 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.
WHALEN, P.J., SMITH, LINDLEY, NEMOYER, and SCUDDER, JJ., concur.