| People v Rosado-Thomas |
| 2020 NY Slip Op 01738 [181 AD3d 1166] |
| March 13, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v German Rosado-Thomas, Also Known as "Man Man,"Appellant. |
Kathryn Friedman, Buffalo, for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Matthew B. Powers of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.),rendered May 2, 2016. The judgment convicted defendant, upon a plea of guilty, ofmanslaughter in the first degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). Weaffirm. We note at the outset that defendant does not challenge the validity of his waiverof the right to appeal. Although defendant's challenge to the voluntariness of his guiltyplea would survive even a valid waiver of the right to appeal, it is neverthelessunpreserved for appellate review and we decline to exercise our power to review it as amatter of discretion in the interest of justice (see People v Arline, 169 AD3d 1371, 1372 [4th Dept2019], lv denied 33 NY3d 974 [2019]). Defendant's challenge to the severity ofhis sentence is foreclosed by his unchallenged waiver of the right to appeal (see People v Putman, 163AD3d 1461, 1461 [4th Dept 2018]). Finally, to the extent that defendant challengesthe legality of his sentence, that contention is without merit (see§ 70.02 [3] [a]). Present—Centra, J.P., Peradotto, Lindley, NeMoyerand Bannister, JJ.