| People v Raynor |
| 2013 NY Slip Op 04489 [107 AD3d 1567] |
| June 14, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JohnRaynor, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), renderedAugust 24, 2011. The judgment convicted defendant, upon his plea of guilty, ofattempted rape in the first 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 attempted rape in the first degree (Penal Law §§ 110.00, 130.35[4]). Contrary to defendant's contention, the record establishes that he knowingly,voluntarily and intelligently waived his right to appeal (see generally People v Lopez,6 NY3d 248, 256 [2006]). County Court advised defendant at the time of the waiverof the potential maximum term of incarceration, and thus the waiver encompassesdefendant's present challenge to the severity of his sentence (see People v Grant, 96 AD3d1697, 1697 [2012], lv denied 19 NY3d 997 [2012]; see generally Peoplev Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737[1998]). Present—Smith, J.P., Fahey, Carni, Valentino and Whalen, JJ.