| People v Bridenbaker |
| 2013 NY Slip Op 08776 [112 AD3d 1379] |
| December 27, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Mark Bridenbaker, 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.), renderedOctober 25, 2012. The judgment convicted defendant, upon his plea of guilty, of recklessassault of a child.
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 reckless assault of a child (Penal Law § 120.02 [1]). Contrary todefendant's contention, the record establishes that he knowingly, voluntarily andintelligently waived his right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006])."Although County Court's colloquy was brief, defendant signed a detailed written waiverof the right to appeal . . . , and he acknowledged to the court that heunderstood that he was foregoing the right to appeal" (People v Luper, 101 AD3d1668, 1668 [2012], lv denied 20 NY3d 1101 [2013]; see People v Ramos, 7 NY3d737, 738 [2006]; cf. Peoplev Bradshaw, 18 NY3d 257, 267 [2011]). The valid waiver encompassesdefendant's challenge to the severity of the sentence (see People v Lococo, 92NY2d 825, 827 [1998]). Present—Scudder, P.J., Centra, Carni, Sconiers andWhalen, JJ.