| People v Tilford |
| 2018 NY Slip Op 04206 [162 AD3d 1569] |
| June 8, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Otis B. Tilford, Appellant. |
David J. Farrugia, Public Defender, Lockport (Theresa L. Prezioso of counsel), fordefendant-appellant.
Caroline A. Wojtaszek, District Attorney, Lockport (Thomas H. Brandt of counsel), forrespondent.
Appeal from a judgment of the Supreme Court, Niagara County (Richard C. Kloch, Sr.,A.J.), rendered June 12, 2017. The judgment convicted defendant, upon his plea of guilty, ofattempted arson in the second 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 arson in the second degree (Penal Law §§ 110.00, 150.15),defendant contends that his waiver of the right to appeal is invalid. We reject that contention.Supreme Court " 'did not improperly conflate the waiver of the right to appeal with thoserights automatically forfeited by a guilty plea' " (People v Mills, 151 AD3d 1744, 1745 [4th Dept 2017], lvdenied 29 NY3d 1131 [2017]; seePeople v Tabb, 81 AD3d 1322, 1322 [4th Dept 2011], lv denied 16 NY3d 900[2011]). Defendant's valid waiver of the right to appeal encompasses his challenge to the severityof the sentence (see Mills, 151 AD3d at 1745). Present—Whalen, P.J., Smith,Peradotto, DeJoseph and Troutman, JJ.