| People v Talley |
| 2013 NY Slip Op 08733 [112 AD3d 1347] |
| December 27, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vSteven Talley, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Gerald J. Whalen, J.),rendered July 11, 2011. The judgment convicted defendant, upon his plea of guilty, ofattempted criminal possession of a controlled substance in the fourth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty ofattempted criminal possession of a controlled substance in the fourth degree (Penal Law§§ 110.00, 220.09 [1]), defendant contends that his waiver of the right toappeal is unenforceable and that his sentence is unduly harsh and severe. The recorddemonstrates, however, that Supreme Court "engage[d] the defendant in an adequatecolloquy to ensure that the waiver of the right to appeal was a knowing and voluntarychoice" (People v Burt, 101AD3d 1729, 1730 [2012], lv denied 20 NY3d 1060 [2013] [internalquotation marks omitted]), and that defendant also signed a written waiver of the right toappeal (see People v Pulley,107 AD3d 1560, 1561 [2013], lv denied 21 NY3d 1076 [2013]). We thusconclude that the waiver is enforceable and that defendant is thereby foreclosed fromchallenging the severity of his sentence (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Suttles, 107 AD3d1467, 1468 [2013], lv denied 21 NY3d 1046 [2013]).Present—Scudder, P.J., Smith, Peradotto, Lindley and Sconiers, JJ.