Opinion
571 KA 16-01618
04-27-2018
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEREMIAH D. WILLIAMS, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT-APPELLANT. LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.
PRESENT:
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT-APPELLANT.
LAWRENCE FRIEDMAN, DISTRICT ATTORNEY, BATAVIA (SHIRLEY A. GORMAN OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Genesee County Court (Michael F. Pietruszka, A.J.), rendered April 11, 2016. The judgment convicted defendant, upon his plea of guilty, of failure to register and/or verify status as a sex offender.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of failure to register and/or verify his status as a sex offender (Correction Law §§ 168-f [4]; 168-t). We reject defendant's contention that his waiver of the right to appeal is invalid. The record establishes that County Court "expressly ascertained from defendant that, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did not conflate that right with those automatically forfeited by a guilty plea" (People v McCrea, 140 AD3d 1655, 1655 [4th Dept 2016], lv denied 28 NY3d 933 [2016] [internal quotation marks omitted]). Contrary to defendant's further contention, "the oral waiver of the right to appeal was buttressed by [his] written waiver of [the right to] appeal, which explicitly enumerated the rights that were to be relinquished and [in which defendant] acknowledged that [he] had discussed the consequences of the waiver with counsel' " (People v Gaines, — AD3d —, —, 2018 NY Slip Op 01740, *1 [4th Dept 2018]). The waiver encompasses defendant's challenge to the severity of his sentence (see People v Lopez, 6 NY3d 248, 255 [2006]).
Entered: April 27, 2018
Mark W. Bennett
Clerk of the Court