| People v Harris |
| 2012 NY Slip Op 03290 [94 AD3d 1484] |
| April 27, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Kadeem R.Harris, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered May17, 2010. The judgment convicted defendant, upon his plea of guilty, of robbery in the firstdegree.
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 ofrobbery in the first degree (Penal Law § 160.15 [2]). Contrary to defendant's contention,we conclude that he knowingly, intelligently and voluntarily waived his right to appeal as acondition of the plea (see generallyPeople v Lopez, 6 NY3d 248, 256 [2006]). "County Court engage[d] the defendant in anadequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntarychoice" (People v James, 71 AD3d1465, 1465 [2010] [internal quotation marks omitted]), and the record establishes that he"understood that the right to appeal is separate and distinct from those rights automaticallyforfeited upon a plea of guilty" (Lopez, 6 NY3d at 256). Contrary to the furthercontention of defendant, his "monosyllabic affirmative responses to questioning by [the c]ourt donot render his [waiver] unknowing and involuntary" (People v Dunham, 83 AD3d 1423, 1424 [2011], lv denied17 NY3d 794 [2011]). Defendant's valid waiver of the right to appeal encompasses his challengeto the severity of the sentence (see Lopez, 6 NY3d at 255-256; People v Gordon, 89 AD3d 1466[2011]). Finally, to the extent that defendant's contention that he was denied effectiveassistance of counsel survives his guilty plea and valid waiver of the right to appeal (see People v Jackson, 85 AD3d1697, 1699 [2011], lv denied 17 NY3d 817 [2011]), we conclude that it lacks merit(see generally People v Ford, 86 NY2d 397, 404 [1995]). Present—Centra, J.P.,Fahey, Peradotto, Carni and Lindley, JJ.