| People v Gordon |
| 2011 NY Slip Op 08042 [89 AD3d 1466] |
| November 10, 2011 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Ronnie Gordon,Appellant. |
—[*1] Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered March 15,2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlledsubstance in the third degree (three counts).
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 of threecounts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]).We reject defendant's contention that his waiver of the right to appeal is invalid. "The written waiver ofthe right to appeal, together with defendant's responses during the plea proceeding, establish that thewaiver was voluntarily, knowingly, and intelligently entered" (People v Griner, 50 AD3d 1557, 1558 [2008], lv denied 11NY3d 737 [2008]). That valid waiver of the right to appeal encompasses defendant's challenge to thefactual sufficiency of the plea allocution (seePeople v Grimes, 53 AD3d 1055, 1056 [2008], lv denied 11 NY3d 789 [2008]), hischallenge to the severity of the sentence (see People v Hidalgo, 91 NY2d 733, 737 [1998]),and the alleged denial by County Court of his right to proceed pro se (see People v Shields,205 AD2d 833, 834 [1994]). Present—Centra, J.P., Fahey, Peradotto, Green and Gorski, JJ.