| People v Estevez-Santos |
| 2014 NY Slip Op 00811 [114 AD3d 1174] |
| February 7, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JuanEstevez-Santos, Appellant. |
—[*1] Jason L. Cook, District Attorney, Penn Yan (Patrick T. Chamberlain of counsel), forrespondent.
Appeal from a judgment of the Yates County Court (W. Patrick Falvey, J.), renderedSeptember, 20, 2011. The judgment convicted defendant, upon his plea of guilty, ofcriminal use of a firearm 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 criminal use of a firearm in the second degree (Penal Law § 265.08 [2])."Defendant did not move to withdraw the plea or to vacate the judgment of convictionand thus his contention that the plea was not knowingly, voluntarily and intelligentlyentered is not preserved for our review" (People v Anderson, 34 AD3d 1318, 1318 [2006], lvdenied 8 NY3d 843 [2007]). Contrary to defendant's further contention, the recordestablishes that he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez,6 NY3d 248, 256 [2006]), and that valid waiver forecloses any challenge bydefendant to the severity of the sentence (see id. at 255; see People vLococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737[1998]). Present—Scudder, P.J., Centra, Fahey, Carni and Valentino, JJ.