| People v Turley |
| 2015 NY Slip Op 06086 [130 AD3d 1578] |
| July 10, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Paul S. Turley, Appellant. (Appeal No.2.) |
David J. Farrugia, Public Defender, Lockport (Mary-jean Bowman of counsel), fordefendant-appellant.
Paul S. Turley, defendant-appellant pro se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Sara S. Farkas, J.), renderedJuly 18, 2014. The judgment convicted defendant, upon his plea of guilty, of bailjumping in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of bail jumping in the first degree (Penal Law § 215.57). The recordestablishes that defendant knowingly, voluntarily, and intelligently waived his right toappeal (see generally People vLopez, 6 NY3d 248, 256 [2006]), and that valid waiver encompasses hischallenge to the severity of the sentence (see People v Lococo, 92 NY2d 825,827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).
Defendant contends in his pro se supplemental brief that the indictment is invalidbecause he was allegedly arrested prior to the expiration of the 30-day "grace period"provided in Penal Law § 215.57, and thus that reversal is required (cf.People v Shurn, 71 AD2d 610, 610 [1979], affd 50 NY2d 914 [1980]). Thatcontention is not properly before us. "Because the [indictment] is not jurisdictionallydefective, defendant's challenge[ ] to the [indictment is] forfeited by defendant's plea ofguilty . . . , and in any event the valid waiver of the right to appealencompasses [that] nonjurisdictional challenge[ ]" (People v Rossborough, 101 AD3d 1775, 1775-1776[2012]). Present—Smith, J.P., Peradotto, Sconiers, Valentino and DeJoseph,JJ.