| People v Capoccetta |
| 2009 NY Slip Op 08341 [67 AD3d 1395] |
| November 13, 2009 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v GiovanniCapoccetta, Also Known as John Capoccetta, Appellant. |
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Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), renderedAugust 24, 2007. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a weapon in the second degree.
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 ofcriminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Contraryto the contention of defendant, the record establishes that his waiver of the right to appeal wasknowingly, intelligently and voluntarily entered (see People v Lopez, 6 NY3d 248, 256 [2006]). The valid waiver bydefendant of the right to appeal encompasses his challenge to the factual sufficiency of the pleaallocution, and in any event, defendant failed to preserve that challenge for our review (see People v Grimes, 53 AD3d1055, 1056 [2008], lv denied 11 NY3d 789 [2008]; People v Jackson, 50 AD3d 1615,1615-1616 [2008], lv denied 10 NY3d 960 [2008]). Present—Martoche, J.P.,Smith, Peradotto, Green and Pine, JJ.