Opinion
2013-11-15
The PEOPLE of the State of New York, Respondent, v. Ramone WALKER, Defendant–Appellant.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 4, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree. Robert M. Pusateri, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), rendered January 4, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
Robert M. Pusateri, Conflict Defender, Lockport (Edward P. Perlman of Counsel), for Defendant–Appellant. Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06[5] ). The waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution ( see People v. Thousand, 96 A.D.3d 1439, 1439–1440, 945 N.Y.S.2d 891,lv. denied19 N.Y.3d 1002, 951 N.Y.S.2d 478, 975 N.E.2d 924) and, moreover, that challenge is unpreserved for our review inasmuch as defendant did not move to withdraw the plea or vacate the judgment of conviction ( see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;People v. Nelson, 105 A.D.3d 1389, 1390, 963 N.Y.S.2d 892,lv. denied21 N.Y.3d 1044, 972 N.Y.S.2d 542, 995 N.E.2d 858). The waiver of the right to appeal also encompasses*870defendant's contention that the sentence is unduly harsh and severe ( see generally People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272;People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.