| People v Wright |
| 2018 NY Slip Op 00661 [158 AD3d 1068] |
| February 2, 2018<> |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v Robert D.Wright, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Caitlin M. Connelly of counsel), fordefendant-appellant.
Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), renderedNovember 23, 2015. The judgment convicted defendant, upon his plea of guilty, of attemptedburglary in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, ofattempted burglary in the first degree (Penal Law §§ 110.00, 140.30 [4]),defendant contends that his waiver of the right to appeal is invalid. We reject that contention. Tothe contrary, we conclude that "the plea colloquy here was sufficient because the right to appealwas adequately described without lumping it into the panoply of rights normally forfeited upon aguilty plea" (People v Sanders, 25NY3d 337, 341 [2015]). Furthermore, the record establishes that defendant's "plea andwaiver of his right to appeal were knowingly, voluntarily and intelligently made, with the adviceof counsel, and the waiver was manifestly intended to cover all aspects of the case" (People vKemp, 94 NY2d 831, 833 [1999]). Consequently, defendant's valid waiver of the right toappeal encompasses his contention that County Court should have suppressed certain evidence(see People v Goodwin, 147 AD3d1352, 1352 [4th Dept 2017], lv denied 29 NY3d 1032 [2017]; see generallyKemp, 94 NY2d at 833), as well as his challenge to the severity of the sentence (see People v Lopez, 6 NY3d 248,255-256 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]). Present—Whalen,P.J., Smith, DeJoseph, NeMoyer and Winslow, JJ.