| People v Moore |
| 2008 NY Slip Op 10309 [57 AD3d 1432] |
| December 31, 2008 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v John Moore,Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Peter L. Broderick, Sr., J.), renderedAugust 16, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted assault in thesecond degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attemptedassault in the second degree (Penal Law §§ 110.00, 120.05 [2]), defendant contends thathis plea was not validly entered because he was incompetent. We reject that contention. County Courtproperly relied upon the reports of two mental health professionals who found that defendant wascompetent (see People v Alexander, 185 AD2d 712, 713 [1992], lv denied 80 NY2d926 [1992]). In addition, the record of the plea colloquy establishes "that defendant possessed a'rational and factual understanding of the proceeding' . . . [and] that defendant's guilty pleawas knowingly, intelligently and voluntarily entered with the aid of counsel and after the court had fullyadvised him of the consequences of his plea" (id.). Contrary to the further contention ofdefendant, he knowingly, intelligently and voluntarily waived his right to appeal (see People v Lopez, 6 NY3d 248, 256[2006]), and that valid waiver encompasses his challenge to the severity of the sentence (seePeople v Hidalgo, 91 NY2d 733, 737 [1998]; People v Cameron, 55 AD3d 1382 [2008]). Present—Scudder,P.J., Hurlbutt, Peradotto, Green and Gorski, JJ.