Opinion
2013-06-7
The PEOPLE of the State of New York, Respondent, v. Charles PORTERFIELD, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered August 25, 2011. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree. The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered August 25, 2011. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of course of sexual conduct against a child in the second degree (Penal Law § 130.80[1][a] ). 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). That valid waiver encompasses defendant's contention that County Court erred in refusing to suppress his statements to the police ( see People v. Mack, 96 A.D.3d 1689, 1689, 946 N.Y.S.2d 915,lv. denied19 N.Y.3d 1027, 953 N.Y.S.2d 560, 978 N.E.2d 112;People v. Aguayo, 37 A.D.3d 1081, 1081, 829 N.Y.S.2d 350,lv. denied8 N.Y.3d 981, 838 N.Y.S.2d 484, 869 N.E.2d 660), as well as his challenge 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;People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.