| People v Bailey |
| 2016 NY Slip Op 01977 [137 AD3d 1620] |
| March 18, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Dequan Bailey, 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 (Russell P. Buscaglia,A.J.), rendered May 21, 2014. The judgment convicted defendant, upon his plea ofguilty, of robbery in the first degree and robbery in the second degree (five counts).
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 five counts of robbery in the second degree (Penal Law § 160.10[1], [2] [b]) and one count of robbery in the first degree (§ 160.15 [4]). Weconclude that defendant knowingly, voluntarily, and intelligently waived his right toappeal (see People v Knox,133 AD3d 1257, 1257 [2015]; see generally People v Sanders, 25 NY3d 337, 340-341[2015]). Contrary to defendant's contention, his waiver of the right to appeal "was notrendered invalid based on [Supreme Court]'s failure to require defendant to articulate [it]in his own words" (People vDozier, 59 AD3d 987, 987 [2009], lv denied 12 NY3d 815 [2009]). Thewaiver encompasses defendant's challenges to the court's refusal to suppressidentification testimony (see Sanders, 25 NY3d at 342; People v Kemp,94 NY2d 831, 833 [1999]), the court's exercise of discretion in denying his request foryouthful offender status (seePeople v Pacherille, 25 NY3d 1021, 1024 [2015]), and the severity of thesentence (see People vLopez, 6 NY3d 248, 256 [2006]). Present—Whalen, P.J., Smith, Carni,Nemoyer and Curran, JJ.