| People v Wallace |
| 2016 NY Slip Op 05289 [141 AD3d 1115] |
| July 1, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vShelby L. Wallace, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Timothy P. Murphy of counsel), fordefendant-appellant.
Michael J. Flaherty, Jr., Acting District Attorney, Buffalo (Ashley R. Lowry ofcounsel), for respondent.
Appeal from a judgment of the Supreme Court, Erie County (Deborah A. Haendiges,J.), rendered August 5, 2014. The judgment convicted defendant, upon his plea of guilty,of attempted assault in the second 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 assault in the second degree (Penal Law §§ 110.00,120.05 [2]). Contrary to the contention of defendant and the "concession" of the People,we conclude that defendant's valid waiver of the right to appeal encompasses hischallenge to the severity of the sentence (see People v Lopez, 6 NY3d 248, 256 [2006]). SupremeCourt advised defendant of the maximum sentence that could be imposed (see Peoplev Lococo, 92 NY2d 825, 827 [1998]), and the record, which includes an oral andwritten waiver of the right to appeal, establishes that defendant understood that he waswaiving his right to appeal both the conviction and the sentence (cf. People v Maracle, 19 NY3d925, 928 [2012]). Present—Peradotto, J.P., Carni, Curran, Troutman andScudder, JJ.