Opinion
2015-01-2
The PEOPLE of the State of New York, Respondent, v. Emanuel D. RODRIGUEZ, Defendant–Appellant. (Appeal No. 1.).
Appeal from a judgment of the Supreme Court, Erie County (Sheila A. DiTullio, A.J.), rendered March 26, 2013. The judgment convicted defendant, upon his plea of guilty, of petit larceny. The Legal Aid Society of Buffalo, Inc., Buffalo (Deborah K. Jessey Of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of Counsel), for Respondent.
Appeal from a judgment of the Supreme Court, Erie County (Sheila A. DiTullio, A.J.), rendered March 26, 2013. The judgment convicted defendant, upon his plea of guilty, of petit larceny.
The Legal Aid Society of Buffalo, Inc., Buffalo (Deborah K. Jessey Of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of Counsel), for Respondent.
MEMORANDUM:
In appeal Nos. 1 and 2, defendant appeals from judgments convicting him upon his pleas of guilty of petit larceny (Penal Law § 155.25) and attempted burglary in the second degree (§§ 110.00, 140.25[2] ), respectively. 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), and that valid waiver encompasses his challenge to the severity of the sentence ( see id. 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. SMITH, J.P., FAHEY, WHALEN, and DeJOSEPH, JJ., concur.