| People v Budnack |
| 2017 NY Slip Op 08127 [155 AD3d 1658] |
| November 17, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v WilliamBudnack, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (Ashley R. Lowry of counsel), for respondent.
Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), renderedDecember 7, 2015. The judgment convicted defendant, upon his plea of guilty, of attemptedcourse of sexual conduct against a child in the second degree and possessing a sexualperformance by a child.
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 course of sexual conduct against a child in the second degree (Penal Law§§ 110.00, 130.80 [1] [a]) and possessing a sexual performance by a child(§ 263.16). Contrary to defendant's contention, the record establishes that heknowingly, voluntarily and intelligently waived the right to appeal (see generally People v Lopez, 6 NY3d248, 256 [2006]), and that valid waiver forecloses any challenge by defendant to the severityof the sentence (see id. at 255-256; People v Lococo, 92 NY2d 825, 827 [1998];People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Smith, J.P., Carni, Curranand Winslow, JJ.