| People v Gebreyesus |
| 2015 NY Slip Op 08586 [133 AD3d 1365] |
| November 20, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vAwed Gebreyesus, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), fordefendant-appellant.
Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges,J.), rendered June 3, 2013. The judgment convicted defendant, upon his plea of guilty, ofattempted murder in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: On appeal from a judgment convicting him upon his guilty plea ofattempted murder in the second degree (Penal Law §§ 110.00, 125.25[1]), defendant contends that his waiver of the right to appeal is invalid. We reject thatcontention. The record establishes that defendant waived his right to appeal as acondition of a negotiated plea bargain and sentence (see People v Mercedes, 171AD2d 1044, 1044 [1991], lv denied 77 NY2d 998 [1991]). To the extent thatdefendant contends that his waiver of the right to appeal is invalid because the court didnot conduct an "in-depth examination . . . concerning the potential languagebarriers," we note that an interpreter was present and assisted defendant throughout theplea and sentencing proceedings (see id.; see also People v Rosa-Sanchez,267 AD2d 981, 981 [1999], lv denied 95 NY2d 938 [2000]). Moreover, therecord establishes that defendant reviewed the written waiver of the right to appeal withhis attorney, stated that he understood it completely, and had no questions for the courtwith respect to it. Defendant's waiver of the right to appeal forecloses review ofdefendant's remaining contentions, and we therefore do not reach them (see generally People v Lopez,6 NY3d 248, 255 [2006]). Present—Smith, J.P., Peradotto, Lindley,Valentino and DeJoseph, JJ.