| People v Brooks |
| 2007 NY Slip Op 10231 [46 AD3d 1374] |
| December 21, 2007 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v CalvinBrooks, Appellant. |
—[*1] Frank J. Clark, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered January 3,2005. The judgment convicted defendant, upon his plea of guilty, of attempted robbery in thefirst 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,of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [4]). Wereject the contention of defendant that his waiver of the right to appeal is invalid. The statementsof defendant during the plea colloquy unequivocally establish that he understood the proceedingsand voluntarily waived the right to appeal (see People v Moissett, 76 NY2d 909, 911[1990]; People v Gilbert, 17 AD3d1164 [2005], lv denied 5 NY3d 762 [2005]). The valid waiver by defendant of theright to appeal encompasses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248,255-256 [2006]). As the People correctly concede, however, the certificate of convictionincorrectly reflects that defendant was convicted of robbery in the first degree and was sentencedto a seven-year term of imprisonment, and it therefore must be amended to reflect that he wasconvicted of attempted robbery in the first degree and sentenced to a six-year term ofimprisonment (see generally People vSaxton, 32 AD3d 1286 [2006]). Likewise, the order of commitment, denominated"sentence and commitment," must be amended to reflect the six-year term of imprisonment(see generally id.). Present—Scudder, P.J., Hurlbutt, Gorski, Centra and Pine, JJ.