| People v Rush |
| 2012 NY Slip Op 03023 [94 AD3d 1449] |
| April 20, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Enrique C.Rush, Appellant. |
—[*1] Michael J. Violante, District Attorney, Lockport (Laura T. Bittner of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Mark A. Violante, A.J.), renderedDecember 10, 2008. The judgment convicted defendant, upon his plea of guilty, of attemptedrape in the second degree.
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 ofattempted rape in the second degree (Penal Law §§ 110.00, 130.30 [1]). We rejectdefendant's contention that his waiver of the right to appeal was not knowingly, voluntarily, andintelligently entered (see People vLopez, 6 NY3d 248, 256 [2006]). "County Court expressly ascertained from defendantthat, as a condition of the plea, he was agreeing to waive his right to appeal, and the court did notconflate that right with those automatically forfeited by a guilty plea" (People v Thompson, 83 AD3d1535, 1535 [2011] [internal quotation marks omitted]; see People v Harris, 77 AD3d 1326 [2010], lv denied 16NY3d 743 [2011]). " 'The valid waiver of the right to appeal encompasses defendant's contentionconcerning the [ultimate] denial of his request for youthful offender status' " (People v Lyons, 86 AD3d 930,931 [2011], lv denied 17 NY3d 954 [2011]; see Harris, 77 AD3d 1326), as wellas his contention concerning the severity of the sentence (see Lopez, 6 NY3d at255-256; Lyons, 86 AD3d at 931). Present—Centra, J.P., Peradotto, Sconiers andMartoche, JJ.