| People v Burts |
| 2014 NY Slip Op 01065 [114 AD3d 1272] |
| February 14, 2014 |
| Appellate Division, Fourth Department |
| The People of the State of New York,Respondent, v Raymone T. Burts, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.),rendered October 24, 2011. The judgment convicted defendant, upon his plea of guilty,of robbery in the second degree and attempted robbery in the first 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 robbery in the second degree (Penal Law § 160.10 [1]) and attemptedrobbery in the first degree (§§ 110.00, 160.15 [2]). Contrary to defendant'scontention, we conclude that he knowingly, intelligently, and voluntarily waived his rightto appeal as a condition of the plea (see generally People v Lopez, 6 NY3d 248, 256 [2006]).County Court " 'engage[d] the defendant in an adequate colloquy to ensure that thewaiver of the right to appeal was a knowing and voluntary choice' " (People v Flagg, 107 AD3d1613, 1614 [2013]), and the record establishes that defendant " 'understood that theright to appeal is separate and distinct from those rights automatically forfeited upon aplea of guilty' " (id., quoting Lopez, 6 NY3d at 256). Defendant's validwaiver forecloses our review of his contention concerning his purported motion (seegenerally People v Callahan, 80 NY2d 273, 285 [1992]). Present—Smith, J.P.,Fahey, Carni, Valentino and Whalen, JJ.