| People v Luper |
| 2012 NY Slip Op 08945 [101 AD3d 1668] |
| December 21, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Michael J. Luper,Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered June 28, 2011.The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon 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 of criminalpossession of a weapon in the second degree (Penal Law § 265.03 [3]). Contrary to defendant'scontention, the record establishes that he knowingly, voluntarily and intelligently waived the right toappeal (see generally People v Lopez, 6NY3d 248, 256 [2006]). Although County Court's colloquy was brief, defendant signed a detailedwritten waiver of the right to appeal (seePeople v Ramos, 7 NY3d 737, 738 [2006]), and he acknowledged to the court that heunderstood that he was forgoing the right to appeal (cf. People v Bradshaw, 18 NY3d 257, 267 [2011]). The valid waiverencompasses any challenge by defendant to the severity of the sentence (see Lopez, 6 NY3dat 255). Present—Scudder, P.J., Fahey, Carni, Lindley and Sconiers, JJ.