People v Connolly
2014 NY Slip Op 01030 [114 AD3d 1231]
February 14, 2014
Appellate Division, Fourth Department
As corrected through Wednesday, March 26, 2014


The People of the State of New York,Respondent,
v
Jayson M. Connolly, Appellant.

[*1]The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of counsel),for defendant-appellant.

Lawrence Friedman, District Attorney, Batavia (William G. Zickl of counsel), forrespondent.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.),rendered November 5, 2012. The judgment convicted defendant, upon his plea of guilty,of falsifying business records in the first degree (two counts).

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 two counts of falsifying business records in the first degree (Penal Law §175.10). Contrary to defendant's contention, the record establishes 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 generally Peoplev Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737[1998]). Present—Smith, J.P., Peradotto, Lindley, Sconiers and Valentino, JJ.


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