| People v Schenk |
| 2010 NY Slip Op 06972 [77 AD3d 1417] |
| October 1, 2010 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Jeffrey Schenk,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (J. Michael Marion of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Patrick M. Carney, A.J.), rendered February23, 2007. The judgment convicted defendant, upon his plea of guilty, of attempted criminal sexual act inthe first degree (two counts).
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 two counts ofattempted criminal sexual act in the first degree (Penal Law §§ 110.00, 130.50 [4]),defendant contends that his waiver of the right to appeal was not knowingly, intelligently, and voluntarilyentered because County Court failed to conduct a sufficient inquiry. We reject that contention. "[T]hereis no requirement that the . . . court engage in any particular litany" when accepting adefendant's waiver of the right to appeal (People v Callahan, 80 NY2d 273, 283 [1992]) and,here, the record establishes that defendant's waiver of the right to appeal was made knowingly,intelligently, and voluntarily (see People vLopez, 6 NY3d 248, 256 [2006]). The waiver by defendant of the right to appealencompasses his challenge to the court's suppression rulings (see People v Kemp, 94 NY2d831, 833 [1999]; People v Gordon, 42AD3d 964 [2007], lv denied 9 NY3d 876 [2007]), as well as his challenge to the severityof the sentence (see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733,737 [1998]). Present—Centra, J.P., Peradotto, Carni, Lindley and Sconiers, JJ.