People v Adames
2018 NY Slip Op 00976 [158 AD3d 1289]
February 9, 2018
Appellate Division, Fourth Department
As corrected through Wednesday, March 28, 2018


[*1]
 The People of the State of New York, Respondent, v EligioAdames, Appellant.

Timothy P. Donaher, Public Defender, Rochester (James A. Hobbs of counsel), fordefendant-appellant.

Eric T. Schneiderman, Attorney General, Albany (Margaret A. Cieprisz of counsel), forrespondent.

Appeal from a judgment of the Monroe County Court (Douglas A. Randall, J.), renderedDecember 16, 2014. The judgment convicted defendant, upon his plea of guilty, of criminalpossession of a controlled substance 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 criminal possession of a controlled substance in the second degree (Penal Law§ 220.18 [1]). Contrary to defendant's contention, the record establishes that hiswaiver of the right to appeal was knowing, intelligent, and voluntary (see People v Lopez, 6 NY3d 248,256 [2006]). Defendant's valid waiver of the right to appeal forecloses his challenge to theseverity of his sentence (see id. at 255-256; People v Hidalgo, 91 NY2d 733, 737[1998]; cf. People v Maracle, 19NY3d 925, 928 [2012]). Present—Centra, J.P., Peradotto, NeMoyer, Troutman andWinslow, JJ.


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