Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Dennis TRIPLETT, also Known as "Nanny," Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of Counsel), for defendant-appellant. John J. Flynn, District Attorney, Buffalo (Daniel J. Punch of Counsel), for respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of Counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Daniel J. Punch of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of three counts each of attempted murder in the second degree (Penal Law §§ 110.00, 125.25[1] ) and assault in the first degree (§ 120.10[1] ), and one count of criminal possession of a weapon in the second degree (§ 265.03[1][b] ). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived the right to appeal (see People v. Smith, 138 A.D.3d 1496, 1497, 29 N.Y.S.3d 217 ; see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). We conclude that the valid waiver of the right to appeal encompasses defendant's challenge to Supreme Court's disqualification of his original attorney (see People v. Segrue, 274 A.D.2d 671, 672, 710 N.Y.S.2d 466, lv. denied 95 N.Y.2d 908, 716 N.Y.S.2d 649, 739 N.E.2d 1154 ). In any event, defendant failed to preserve that challenge for our review (see People v. Tineo, 64 N.Y.2d 531, 535–536, 490 N.Y.S.2d 159, 479 N.E.2d 795 ), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15[3][c] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CARNI, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.