| People v Peyatt |
| 2016 NY Slip Op 04583 [140 AD3d 1680] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vAndrew K. Peyatt, Appellant. |
Thomas J. Eoannou, Buffalo, for defendant-appellant.
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.), renderedApril 22, 2014. The judgment convicted defendant, upon his plea of guilty, of attemptedcriminal sexual act in the first degree and attempted course of sexual conduct against achild 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 attempted course of sexual conduct against a child in the first degree (PenalLaw §§ 110.00, 130.75 [1] [a]) and attempted criminal sexual act inthe first degree (§§ 110.00, 130.50 [1]). Contrary to defendant'scontention, the record establishes that he knowingly, voluntarily and intelligently waivedhis right to appeal (see generallyPeople v Lopez, 6 NY3d 248, 256 [2006]), and that valid waiver forecloses anychallenge by defendant to the severity of the sentence (see id. at 255; seegenerally People v Lococo, 92 NY2d 825, 827 [1998]; People v Hidalgo, 91NY2d 733, 737 [1998]). We note, however, that both the certificate of conviction and theuniform sentence and commitment form incorrectly recite that defendant was convictedof criminal sexual act in the first degree rather than an attempt to commit that crime. Thecertificate of conviction and the sentence and commitment form must therefore beamended to correct that clerical error (see People v Oberdorf, 136 AD3d 1291, 1292-1293[2016]). Present—Whalen, P.J., Smith, Lindley, NeMoyer and Scudder, JJ.