Opinion
06-30-2017
The PEOPLE of the State of New York, Respondent, v. Robin J. SMITH, Defendant–Appellant.
Leanne Lapp, Public Defender, Canandaigua (Robert Tucker of Counsel), for defendant-appellant. R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for respondent.
Leanne Lapp, Public Defender, Canandaigua (Robert Tucker of Counsel), for defendant-appellant.
R. Michael Tantillo, District Attorney, Canandaigua (V. Christopher Eaggleston of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of criminal possession of stolen property in the third degree (Penal Law § 165.50 ). 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 ). Defendant's waiver of the right to appeal was a "general unrestricted waiver" that encompasses his contention that the sentence imposed is unduly harsh and severe (People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., CENTRA, DeJOSEPH, NEMOYER, and SCUDDER, JJ., concur.