People v Gonzalez
2012 NY Slip Op 01685 [93 AD3d 679]
March 6, 2012
Appellate Division, Second Department
As corrected through Wednesday, April 25, 2012


The People of the State of New York,Respondent,
v
Francisco Gonzalez, Appellant.

[*1]

Gary M. Gash, White Plains, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Laurie Sapakoff of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Westchester County(Colangelo, J.), rendered June 14, 2010, convicting him of burglary in the second degree, uponhis plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant knowingly, voluntarily, and intelligently waived the right to appeal (see People v Lopez, 6 NY3d 248[2006]; People v Callahan, 80 NY2d 273, 283 [1992]; People v Moissett, 76NY2d 909, 910-911 [1990]; People v Seaberg, 74 NY2d 1, 11 [1989]). Since thedefendant was informed of the maximum sentence that could be imposed if he failed to complywith the conditions of his plea agreement, his general waiver of his right to appeal encompasseshis claim that the enhanced sentence was excessive (see People v Lococo, 92 NY2d 825,827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]; People v White, 3 AD3d 543, 544[2004]; People v Brown, 272 AD2d 339 [2000]; People v Monk, 270 AD2d 433[2000]; People v Miles, 268 AD2d 489 [2000]). Dillon, J.P., Balkin, Belen and Austin,JJ., concur.


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