Opinion
2014-01-3
The PEOPLE of the State of New York, Respondent v. Ronald D. ROSSBOROUGH, Defendant–Appellant.
Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered January 11, 2011. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree. Muldoon & Getz, Rochester (Christine Seppeler of Counsel), for Defendant–Appellant. Donald G. O'Geen, District Attorney, Warsaw (Marshall A. Kelly of Counsel), for Respondent.
Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.), rendered January 11, 2011. The judgment convicted defendant, upon his plea of guilty, of grand larceny in the third degree.
Muldoon & Getz, Rochester (Christine Seppeler of Counsel), for Defendant–Appellant. Donald G. O'Geen, District Attorney, Warsaw (Marshall A. Kelly of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of grand larceny in the third degree (Penal Law § 155.35). Defendant's valid waiver of the right to appeal encompasses his contention that County Court erred in sentencing him in absentia ( see generally People v. Jackson, 26 A.D.3d 781, 781, 808 N.Y.S.2d 526, lv. denied 6 N.Y.3d 849, 816 N.Y.S.2d 755, 849 N.E.2d 978). In any event, defendant's contention lacks merit. The record establishes that defendant waived his right to be present at sentencing, having specifically requested at the plea proceeding that he be permitted to waive his personal appearance at sentencing ( see People v. Condon, 10 A.D.3d 811, 812–813, 782 N.Y.S.2d 163, lv. denied 4 N.Y.3d 742, 790 N.Y.S.2d 655, 824 N.E.2d 56).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, and VALENTINO, JJ., concur.