| People v Pointer |
| 2007 NY Slip Op 07222 [43 AD3d 1413] |
| September 28, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v DonaldPointer, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Joseph S. Forma, J.), renderedJanuary 3, 2006. The judgment convicted defendant, upon his plea of guilty, of rape in the firstdegree, rape in the third degree and endangering the welfare of a child.
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 of,inter alia, rape in the first degree (Penal Law § 130.35 [4]). We reject the contention ofdefendant that his waiver of the right to appeal was invalid (see People v Ludlow, 42 AD3d 941 [2007]). Supreme Court wasnot required to " 'engage in any particular litany' when accepting [the] defendant's waiver of theright to appeal" (id. at 942, quoting People v Callahan, 80 NY2d 273, 283[1992]). That valid waiver encompasses defendant's contentions concerning the court'ssuppression ruling (see People v Kemp, 94 NY2d 831, 833 [1999]), and the severity ofthe sentence (see People v Lopez, 6NY3d 248, 255-256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]).Present—Hurlbutt, J.P., Martoche, Smith, Fahey and Pine, JJ.