| People v Porter |
| 2008 NY Slip Op 07352 [55 AD3d 1313] |
| October 3, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Marvin Porter,Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Sara S. Sperrazza, J.), rendered October24, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the firstdegree.
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 ofattempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [1]). We reject thecontention of defendant that his waiver of the right to appeal was invalid. County Court "expresslyascertained 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 Pasha, 36 AD3d 425, 426[2007], lv denied 8 NY3d 989 [2007]). The valid waiver by defendant of the right to appealencompasses his challenges to the severity of the sentence (see People v Hidalgo, 91 NY2d733, 737 [1998]), and to the court's denial of his request for youthful offender status (see People v Kearns, 50 AD3d 1514[2008]). Present—Martoche, J.P., Smith, Lunn, Pine and Gorski, JJ.