| People v Dozier |
| 2010 NY Slip Op 05113 [74 AD3d 1808] |
| June 11, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v DanielDozier, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (James W. Mansour, III, of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.),rendered February 24, 2009. The judgment convicted defendant, upon his plea of guilty, ofattempted murder in the second degree (two counts).
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his guilty plea, oftwo counts of attempted murder in the second degree (Penal Law §§ 110.00, 125.25[1]). We reject the contention of defendant that Supreme Court abused its discretion in denyinghis motion to withdraw his guilty plea inasmuch as the record does not support his assertion thatthe plea was the product of coercion (see People v Jones, 71 AD3d 1573 [2010]; People v Spikes, 28 AD3d 1101,1102 [2006], lv denied 7 NY3d 818 [2006]). Furthermore, the record "establish[es] thatthe defendant understood that the right to appeal is separate and distinct from those rightsautomatically forfeited upon a plea of guilty," and we thus reject defendant's challenge to thevalidity of the waiver of the right to appeal (People v Lopez, 6 NY3d 248, 256 [2006]). That valid waiverencompasses defendant's challenge to the severity of the sentence (see id.).Present—Scudder, P.J., Peradotto, Carni, Lindley and Sconiers, JJ.