| People v Suttles |
| 2013 NY Slip Op 04201 [107 AD3d 1467] |
| June 7, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vTrumaine Suttles, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), renderedJuly 26, 2011. The judgment convicted defendant, upon his plea of guilty, of murder inthe second degree and criminal possession of a weapon 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 ofguilty of, inter alia, murder in the second degree (Penal Law § 125.25 [1]). Wereject defendant's contention that his waiver of the right to appeal is invalid. "[T]herecord demonstrates that County Court engage[d] the defendant in an adequate colloquyto ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v Burt, 101 AD3d1729, 1730 [2012], lv denied 20 NY3d 1060 [2013] [internal quotationmarks omitted]). Defendant's valid waiver of the right to appeal encompasses hiscontention that the sentence is unduly harsh and severe (see People v Lopez, 6 NY3d248, 256 [2006]). Present—Scudder, P.J., Peradotto, Lindley, Sconiers andWhalen, JJ.