Opinion
1077 KA 18–00757
02-07-2020
The PEOPLE of the State of New York, Respondent, v. Marion THOMPSON, Defendant–Appellant.
CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT–APPELLANT. TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN (R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.
CARA A. WALDMAN, FAIRPORT, FOR DEFENDANT–APPELLANT.
TODD J. CASELLA, DISTRICT ATTORNEY, PENN YAN (R. MICHAEL TANTILLO OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, LINDLEY, CURRAN, AND TROUTMAN, 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 a plea of guilty of, inter alia, criminal sale of a controlled substance in the third degree ( Penal Law § 220.39[1] ). Contrary to defendant's contention, County Court "adequately apprised defendant that ‘the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ " ( People v. Saddler, 155 A.D.3d 1679, 1680, 64 N.Y.S.3d 831 [4th Dept. 2017], lv denied 30 N.Y.3d 1108, 77 N.Y.S.3d 7, 101 N.E.3d 393 [2018], quoting People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Defendant's waiver of the right to appeal encompasses his challenge to the severity of his sentence (see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).