Opinion
93 KA 18–01861
01-31-2020
The PEOPLE of the State of New York, Respondent, v. Carlos M. PEREZ–MEDINA, Defendant–Appellant.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (LAURA T. JORDAN OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., PERADOTTO, DEJOSEPH, NEMOYER, AND CURRAN, 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 criminal possession of a controlled substance in the fourth degree ( Penal Law § 220.09[1] ). We affirm. Contrary to defendant's contention, he validly waived his right to appeal (see People v. Dix , 170 A.D.3d 1575, 1575–1576, 95 N.Y.S.3d 693 (4th Dept. 2019), lv denied 33 N.Y.3d 1030, 102 N.Y.S.3d 541, 126 N.E.3d 191 [2019] ), and that valid waiver forecloses 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] ).