| People v Butler |
| 2017 NY Slip Op 05379 [151 AD3d 1959] |
| June 30, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Bruce W.Butler, Appellant. |
Davison Law Office PLLC, Canandaigua (Mary P. Davison of counsel), fordefendant-appellant.
Brooks T. Baker, District Attorney, Bath (John C. Tunney of counsel), for respondent.
Appeal from a judgment of the Steuben County Court (Joseph W. Latham, J.), rendered June8, 2016. The judgment convicted defendant, upon his plea of guilty, of grand larceny in thesecond degree (two counts).
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 oftwo counts of grand larceny in the second degree (Penal Law § 155.40 [1]).Contrary to the contention of defendant, the oral waiver of the right to appeal and the waivercontained in the written plea agreement establish that he knowingly, intelligently, and voluntarilywaived his right to appeal (see People vMcArthur, 149 AD3d 1568, 1568-1569 [2017]; see generally People v Lopez, 6 NY3d 248, 256 [2006]).Defendant's valid waiver of the right to appeal, which specifically included a waiver of the rightto challenge "the conviction, sentence, and any proceedings that may result from thisprosecution," encompasses his contention that the sentence imposed is unduly harsh and severe(see Lopez, 6 NY3d at 255-256; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d925, 928 [2012]).
Defendant's contention that County Court failed to conduct a sufficient inquiry beforedetermining that he violated the conditions of his interim probation is not preserved for ourreview (see People v Wissert, 85AD3d 1633, 1633-1634 [2011], lv denied 17 NY3d 956 [2011]; People v Saucier, 69 AD3d 1125,1125-1126 [2010]). In any event, defendant's contention is without merit. "[T]he summaryhearing conducted by the court was sufficient pursuant to CPL 400.10 (3) to enable the court to'assure itself that the information upon which it bas[ed] the sentence [was] reliable andaccurate' " (People vRollins, 50 AD3d 1535, 1536 [2008], lv denied 10 NY3d 939 [2008], quotingPeople v Outley, 80 NY2d 702, 712 [1993]; see Saucier, 69 AD3d at 1126)."[T]he court's inquiry into the matter was of sufficient depth to enable the court to determine thatdefendant failed to comply with the terms and conditions of his interim probation"(Wissert, 85 AD3d at 1634 [internal quotation marks omitted]). Indeed, defendant did notdispute the People's allegation that he failed to comply with the condition that he pay restitutionto the victim. Present—Centra, J.P., Peradotto, DeJoseph, NeMoyer and Troutman,JJ.