Opinion
06-10-2016
The PEOPLE of the State of New York, Respondent, v. Michael L. TYLER, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (John L. DeMarco, J.), rendered April 3, 2013. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in the second degree.
Timothy P. Donaher, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1] ). 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 ), and that valid waiver forecloses any challenge by defendant to the severity of the sentence (see id. at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ), including “his contention that the enhanced sentence is unduly harsh and severe” (People v. Milczakowskyj, 286 A.D.2d 928, 928, 730 N.Y.S.2d 905, lv. denied 97 N.Y.2d 657, 737 N.Y.S.2d 58, 762 N.E.2d 936 ; see People v. Jackson, 34 A.D.3d 1318, 1319, 824 N.Y.S.2d 851, lv. denied 8 N.Y.3d 923, 834 N.Y.S.2d 514, 866 N.E.2d 460 ; People v. Melendez, 291 A.D.2d 887, 888, 737 N.Y.S.2d 569, lv. denied 98 N.Y.2d 639, 744 N.Y.S.2d 768, 771 N.E.2d 841 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., CARNI, DeJOSEPH, CURRAN, and TROUTMAN, JJ., concur.