Opinion
200 KA 17–00129
03-15-2019
The PEOPLE of the State of New York, Respondent, v. Brendyn J. SINGLETON–PRADIA, Defendant–Appellant. (Appeal No. 2.)
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LEAH R. MERVINE OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, DEJOSEPH, CURRAN, AND WINSLOW, 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 three counts of burglary in the second degree ( Penal Law § 140.25[2] ). Contrary to defendant's contention, his valid waiver of the right to appeal encompasses his current challenge to the severity of his sentence (see People v. Hymes , 160 A.D.3d 1386, 1388, 76 N.Y.S.3d 679 [4th Dept. 2018] ; cf. People v. Grucza , 145 A.D.3d 1505, 1506, 45 N.Y.S.3d 722 [4th Dept. 2016] ).