| People v Grant |
| 2012 NY Slip Op 05302 [96 AD3d 1697] |
| June 29, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v BraveonGrant, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.),rendered December 20, 2010. The judgment convicted defendant, upon his plea of guilty, ofattempted burglary 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 burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]).Contrary to defendant's contention, his valid waiver of the right to appeal forecloses his challengeto the severity of the sentence (seePeople v Lopez, 6 NY3d 248, 255 [2006]; see generally People v Lococo, 92NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Supreme Courtadvised defendant at the time of the waiver of the potential maximum term of incarceration, andthus the waiver encompasses defendant's present challenge to the sentence (see Lococo,92 NY2d at 827; cf. People vNewman, 21 AD3d 1343 [2005]; People v McLean, 302 AD2d 934 [2003]).Present—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.