| People v Hill |
| 2018 NY Slip Op 04923 [162 AD3d 1762] |
| June 29, 2018 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Quentin Hill, Also Known as Quinton Hill,Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Alan Williams of counsel), fordefendant-appellant.
John J. Flynn, District Attorney, Buffalo (Daniel J. Punch of counsel), for respondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered August2, 2016. The judgment convicted defendant, upon his plea of guilty, of criminal possession of acontrolled 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, we conclude that "[t]he pleacolloquy and the written waiver of the right to appeal signed [and acknowledged in CountyCourt] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived theright to appeal, including the right to appeal the severity of the sentence" (People v Pierce, 151 AD3d 1964,1965 [4th Dept 2017], lv denied 30 NY3d 952 [2017] [internal quotation marksomitted]). Defendant's valid waiver of the right to appeal forecloses his challenge to the severityof the sentence (see People v Lopez,6 NY3d 248, 255 [2006]; People v Hidalgo, 91 NY2d 733, 737 [1998]; cf. People v Maracle, 19 NY3d925, 928 [2012]). Present—Centra, J.P., Carni, DeJoseph, Curran and Winslow,JJ.