Opinion
1294 KA 15-00854.
11-09-2017
The PEOPLE of the State of New York, Respondent, v. Donald RODGERS, Jr., Defendant–Appellant.
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of counsel), for Defendant–Appellant. Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of counsel), for Respondent.
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of counsel), for Defendant–Appellant.
Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree ( Penal Law § 120.05 [6 ] ). 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 [2006] ), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255–256, 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 [1998] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, CARNI, DeJOSEPH, and WINSLOW, JJ., concur.