| People v Curtis |
| 2018 NY Slip Op 04916 [162 AD3d 1758] |
| June 29, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Gary Curtis, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen N. McDermott of counsel), fordefendant-appellant.
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.), renderedMarch 1, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal sexual actin the first 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 sexual act in the first degree (Penal Law § 130.50 [4]). Contrary todefendant's contention, the record establishes that he validly waived his right to appeal (see People v Lopez, 6 NY3d 248,256-257 [2006]; see also People vPope, 129 AD3d 1389, 1391 [3d Dept 2015, Devine, J., concurring]). Defendant's validwaiver of his right to appeal forecloses his challenge to the severity of his sentence (seeLopez, 6 NY3d at 255-256). Finally, we note that both the uniform sentence andcommitment sheet and the certificate of conviction incorrectly recite that the offense wascommitted on January 1, 2015, and thus both must be amended to reflect the correct date ofMarch 3, 2015 (see generally People vBradley, 52 AD3d 1261, 1262 [4th Dept 2008], lv denied 11 NY3d 734 [2008]).Present—Smith, J.P., Peradotto, Carni, NeMoyer and Winslow, JJ.