| People v Moore |
| 2016 NY Slip Op 04589 [140 AD3d 1684] |
| June 10, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vRichard H. Moore, Appellant. |
Kathleen A. Kugler, Conflict Defender, Lockport (Edward P. Perlman of counsel),for defendant-appellant.
Richard H. Moore, 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 (Matthew J. Murphy, III, J.),rendered May 2, 2014. The judgment convicted defendant, upon his plea of guilty, ofmanslaughter 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 manslaughter in the first degree (Penal Law § 125.20 [1]).Contrary to defendant's contention in his pro se supplemental brief, the record establishesthat he knowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez,6 NY3d 248, 256 [2006]), and that he understood " 'that the right to appealis separate and distinct from those rights automatically forfeited upon a plea ofguilty' " (People vDames, 122 AD3d 1336, 1336 [2014], lv denied 25 NY3d 1162 [2015]).That valid waiver forecloses any challenge by defendant to the severity of the sentence(see Lopez, 6 NY3d at 255; see generally People v Lococo, 92 NY2d825, 827 [1998]; People v Hidalgo, 91 NY2d 733, 737 [1998]).Present—Whalen, P.J., Smith, Lindley, NeMoyer and Scudder, JJ.