Opinion
09-29-2017
The PEOPLE of the State of New York, Respondent, v. David V. SNYDER, Defendant–Appellant.
David J. Pajak, Alden, for Defendant–Appellant. John J. Flynn, District Attorney, Buffalo (Donna A. Milling of Counsel), for Respondent.
David J. Pajak, Alden, for Defendant–Appellant.
John J. Flynn, District Attorney, Buffalo (Donna A. Milling of Counsel), for Respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of attempted criminal sexual act in the first degree ( Penal Law §§ 110.00, 130.50[3] ). 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 ). County Court's "statement at sentencing that defendant had 30 days to appeal does not vitiate defendant's otherwise valid waiver of the right to appeal" ( People v. West, 239 A.D.2d 921, 921, 659 N.Y.S.2d 598, lv. denied 90 N.Y.2d 944, 664 N.Y.S.2d 762, 687 N.E.2d 659 ). The valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ; 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.
CENTRA, J.P., PERADOTTO, NEMOYER, TROUTMAN, and WINSLOW, JJ., concur.