| People v Smith |
| 2016 NY Slip Op 03368 [138 AD3d 1497] |
| April 29, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vDavid S. Smith, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (Janet C. Somes of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Douglas A. Randall, J.),rendered December 11, 2012. The judgment convicted defendant, upon his plea of guilty,of arson in the third 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 arson in the third degree (Penal Law § 150.10 [1]). Contrary todefendant's contention, the record establishes that he knowingly, voluntarily andintelligently waived the right to appeal (see generally People v Lopez, 6 NY3d 248, 256 [2006]),and that valid waiver forecloses any challenge by defendant to the severity of thesentence (see id. at 255; see generally People v Lococo, 92 NY2d 825,827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).Present—Centra, J.P., Peradotto, Carni, Curran and Troutman, JJ.