| People v Glowacki |
| 2018 NY Slip Op 02097 [159 AD3d 1585] |
| March 23, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v LeonardGlowacki, Appellant. |
Linda M. Campbell, Syracuse, for defendant-appellant.
Leonard Glowacki, defendant-appellant pro se.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), renderedOctober 1, 2015. The judgment convicted defendant, upon his plea of guilty, of aggravatedvehicular homicide and driving while intoxicated, a class E felony.
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 ofaggravated vehicular homicide (Penal Law § 125.14 [1]) and driving whileintoxicated as a class E felony (Vehicle and Traffic Law §§ 1192 [2]; 1193 [1][c] [i] [A]). Contrary to the contention in defendant's main and pro se supplemental briefs, therecord establishes that defendant knowingly, voluntarily and intelligently waived his right toappeal (see People v Taggart, 124AD3d 1362, 1362 [4th Dept 2015]; see generally People v Lopez, 6 NY3d 248, 256 [2006]), and thatvalid waiver forecloses defendant's challenge to the severity of his sentence (see Lopez, 6NY3d at 255; People v Hidalgo, 91 NY2d 733, 737 [1998]). Defendant further contendsin his pro se supplemental brief that he was denied effective assistance of counsel at sentencing.Even assuming, arguendo, that defendant's contention survives his guilty plea and valid waiver ofthe right to appeal, "we conclude that defendant's challenges to counsel's conduct at sentencingdo not warrant reversal or modification of the judgment[ ] of conviction" (People v McFarley, 144 AD3d1521, 1522 [4th Dept 2016]).
We note that the uniform sentence and commitment form contains an inaccurate citation toPenal Law § 125.15 for aggravated vehicular homicide rather than the correctcitation, Penal Law § 125.14. The uniform sentence and commitment form musttherefore be amended to correct that clerical error (see People v Cruz, 144 AD3d 1494, 1495 [4th Dept 2016]; People v Hawkins, 70 AD3d 1389,1389 [4th Dept 2010], lv denied 14 NY3d 888 [2010]). Present—Whalen, P.J.,Smith, Peradotto, Carni and DeJoseph, JJ.