| People v Pierce |
| 2017 NY Slip Op 05389 [151 AD3d 1964] |
| June 30, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v MarcellusJ. Pierce, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (Nicholas T. Texido of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), renderedSeptember 16, 2014. The judgment convicted defendant, upon his plea of guilty, of attemptedrobbery in the third degree and grand larceny in the fourth 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 ofattempted robbery in the third degree (Penal Law §§ 110.00, 160.05) andgrand larceny in the fourth degree (§ 155.30 [8]). Contrary to defendant'scontention, we conclude that "[t]he plea colloquy and the written waiver of the right to appealsigned [and acknowledged in County Court] by defendant demonstrate that [he] knowingly,intelligently and voluntarily waived the right to appeal," including the right to appeal the severityof the sentence (People v Farrara,145 AD3d 1527, 1527 [2016] [internal quotation marks omitted]; see People v Ramos, 7 NY3d 737,738 [2006]). Defendant's valid waiver forecloses his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248,255-256 [2006]; cf. People vMaracle, 19 NY3d 925, 928 [2012]). Present—Peradotto, J.P., Carni, Lindley,Curran and Troutman, JJ.