| People v Jones |
| 2012 NY Slip Op 04906 [96 AD3d 1637] |
| June 15, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Derrell M.Jones, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), renderedNovember 15, 2010. The judgment convicted defendant, upon his plea of guilty, of robbery in thesecond 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 ofrobbery in the second degree (Penal Law § 160.10 [1]). We reject defendant's contentionthat he did not knowingly, voluntarily and intelligently waive his right to appeal. Contrary todefendant's contention, County Court "engage[d] the defendant in an adequate colloquy to ensurethat the waiver of the right to appeal was a knowing and voluntary choice" (People v Wright, 66 AD3d 1334[2009], lv denied 13 NY3d 912 [2009] [internal quotation marks omitted]). Further, therecord as a whole, including the written waiver of the right to appeal, establishes "that thedefendant understood that the right to appeal is separate and distinct from those rightsautomatically forfeited upon a plea of guilty" (People v Lopez, 6 NY3d 248, 256 [2006]; see People v Kulyeshie, 71 AD3d1478, 1478-1479 [2010], lv denied 14 NY3d 889 [2010]).
Defendant's valid waiver of the right to appeal encompasses his contention that the courtabused its discretion in denying his request for youthful offender status (see People v Elshabazz, 81 AD3d1429, 1429 [2011], lv denied 16 NY3d 858 [2011]; People v Kearns, 50 AD3d 1514,1515 [2008], lv denied 11 NY3d 790 [2008]), as well as his challenge to the severity ofthe sentence (see Lopez, 6 NY3d at 256). Present—Centra, J.P., Peradotto, Carni,Lindley and Sconiers, JJ.