| People v Bones |
| 2017 NY Slip Op 02563 [148 AD3d 1793] |
| March 31, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v AnthonyD. Bones, Appellant. |
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), fordefendant-appellant.
Theodore A. Brenner, Deputy District Attorney, Lockport (Thomas H. Brandt of counsel),for respondent.
Appeal from a judgment of the Niagara County Court (Sara Sheldon, J.), rendered January13, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal sale of acontrolled substance in the fifth degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofcriminal sale of a controlled substance in the fifth degree (Penal Law § 220.31).Contrary to defendant'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]). That validwaiver constitutes a "general unrestricted waiver" that encompasses his contention that thesentence imposed is unduly harsh and severe (People v Hidalgo, 91 NY2d 733, 737[1998]; see Lopez, 6 NY3d at 255-256; cf. People v Maracle, 19 NY3d 925, 928 [2012]).Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Scudder, JJ.