Opinion
691 KA 15–00569
06-28-2019
The PEOPLE of the State of New York, Respondent, v. Reynaldo PABON, Defendant-Appellant. (Appeal No. 1.)
MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
MARK D. FUNK, CONFLICT DEFENDER, ROCHESTER (KATHLEEN P. REARDON OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: CENTRA, J.P., LINDLEY, NEMOYER, TROUTMAN, AND WINSLOW, JJ.
MEMORANDUM AND ORDER It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of arson in the second degree ( Penal Law § 150.15 ). Contrary to defendant's contention, he validly waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Truitt, 170 A.D.3d 1591, 1591, 95 N.Y.S.3d 702 [4th Dept. 2019] lv denied 33 N.Y.3d 1036, 102 N.Y.S.3d 535, 126 N.E.3d 185, 2019 WL 2477491 [May 31, 2019] ; People v. Washington, 160 A.D.3d 1437, 1438, 72 N.Y.S.3d 866 [4th Dept. 2018], lv denied 31 N.Y.3d 1154, 83 N.Y.S.3d 436, 108 N.E.3d 510 [2018] ), and that valid waiver encompasses his challenge to the severity of his sentence (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).