| People v Rodriguez |
| 2012 NY Slip Op 02226 [93 AD3d 1334] |
| March 23, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Lorenzo R.Rodriguez, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Shawn P. Hennessy of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.),rendered August 24, 2009. The judgment convicted defendant, upon his plea of guilty, of robberyin the first degree.
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 robberyin the first degree (Penal Law § 160.15 [4]), defendant contends that his waiver of the rightto appeal is invalid. We reject that contention. The record establishes that defendant knowingly,intelligently and voluntarily waived his right to appeal as a condition of the plea bargain (see generally People v Lopez, 6 NY3d248, 256 [2006]). Supreme Court "engage[d] the defendant in an adequate colloquy toensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v James, 71 AD3d 1465,1465 [2010] [internal quotation marks omitted]), and the court did not conflate defendant'swaiver of the right to appeal with those rights that are automatically forfeited by a guilty plea (see People v Bentley, 63 AD3d1624, 1625 [2009], lv denied 13 NY3d 742 [2009]; cf. People v Moyett, 7 NY3d 892[2006]). Contrary to defendant's contention, the court was not required to specify during thecolloquy which specific claims survive the waiver of the right to appeal (see Lopez, 6NY3d at 256). Defendant's remaining contentions are encompassed by his valid waiver of theright to appeal (see generally id. at 255). Present—Scudder, P.J., Centra, Carni,Lindley and Martoche, JJ.