| People v Rossborough |
| 2014 NY Slip Op 00036 [113 AD3d 1114] |
| January 3, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Ronald D. Rossborough, Appellant. |
—[*1] Donald G. O'Geen, District Attorney, Warsaw (Marshall A. Kelly of counsel), forrespondent.
Appeal from a judgment of the Wyoming County Court (Michael F. Griffith, J.),rendered January 11, 2011. The judgment convicted defendant, upon his plea of guilty,of grand larceny in the third 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 grand larceny in the third degree (Penal Law § 155.35). Defendant's validwaiver of the right to appeal encompasses his contention that County Court erred insentencing him in absentia (seegenerally People v Jackson, 26 AD3d 781, 781 [2006], lv denied 6NY3d 849 [2006]). In any event, defendant's contention lacks merit. The recordestablishes that defendant waived his right to be present at sentencing, havingspecifically requested at the plea proceeding that he be permitted to waive his personalappearance at sentencing (seePeople v Condon, 10 AD3d 811, 812-813 [2004], lv denied 4 NY3d742 [2004]). Present—Scudder, P.J., Fahey, Peradotto, Carni and Valentino, JJ.