| People v Alfiere |
| 2017 NY Slip Op 09032 [156 AD3d 1446] |
| December 22, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Henri J.Alfiere, Appellant. |
David J. Farrugia, Public Defender, Lockport (Joseph G. Frazier of counsel), fordefendant-appellant.
Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Niagara County Court (Matthew J. Murphy, III, J.), renderedNovember 17, 2016. The judgment convicted defendant, upon his plea of guilty, of attemptedrobbery in the second 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,of attempted robbery in the second degree (Penal Law §§ 110.00, 160.10 [1]).Contrary to defendant's contention, his waiver of the right to appeal is valid (see generally People v Lopez, 6 NY3d248, 256 [2006]). The record establishes that he "understood that the right to appeal isseparate and distinct from those rights automatically forfeited upon a plea of guilty" (id.).Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of thesentence (see id. at 255-256). Present—Whalen, P.J., Smith, Lindley, NeMoyerand Troutman, JJ.