| People v Gordon |
| 2007 NY Slip Op 07133 [43 AD3d 1330] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v SylvesterGordon, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered January23, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal saleof a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby isunanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofattempted criminal sale of a controlled substance in the third degree (Penal Law §§110.00, 220.39 [1]). Contrary to the contention of defendant, the plea colloquy establishes thathis waiver of the right to appeal was voluntary, knowing, and intelligent (see People vLococo, 92 NY2d 825, 827 [1998]; People v Callahan, 80 NY2d 273, 280 [1992]; People v Lovett, 8 AD3d 1007[2004], lv denied 3 NY3d 677 [2004]). The valid waiver by defendant of the right toappeal encompasses his challenge to the amount of restitution ordered inasmuch as that amountwas included in the plea agreement (seePeople v King, 20 AD3d 907 [2005], lv denied 5 NY3d 829 [2005]; cf.Lovett, 8 AD3d at 1007-1008), and his challenge to the severity of the sentence likewise isencompassed by his waiver of the right to appeal (see People v Lopez, 6 NY3d 248, 255 [2006]; People v Keiser, 38 AD3d 1254[2007]). Present—Gorski, J.P., Smith, Centra, Fahey and Pine, JJ.