Opinion
6 KA 15-00472.
02-05-2016
The PEOPLE of the State of New York, Respondent, v. Kevin L. ABERNATHY, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen C. Russo–McLaughlin of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Karen C. Russo–McLaughlin of Counsel), for Defendant–Appellant.
Frank A. Sedita, III, District Attorney, Buffalo (David A. Heraty of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his guilty plea of criminal possession of a weapon in the second degree (Penal Law § 265.03 3 ). Contrary to the contention of defendant, the record establishes that his waiver of the right to appeal was knowingly, intelligently and voluntarily entered (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145). County Court thoroughly reviewed the consequences of the waiver with defendant, after which defendant indicated that he understood those consequences and orally waived his right to appeal (see People v. Peterson, 35 A.D.3d 1195, 1196, 825 N.Y.S.2d 622, lv. denied 8 N.Y.3d 926, 834 N.Y.S.2d 516, 866 N.E.2d 462). Defendant's challenge to the factual sufficiency of the plea allocution is encompassed by his valid waiver of the right to appeal (see People v. Rosado, 70 A.D.3d 1315, 1316, 894 N.Y.S.2d 703, lv. denied 14 N.Y.3d 892, 903 N.Y.S.2d 780, 929 N.E.2d 1015).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, LINDLEY, DeJOSEPH, and SCUDDER, JJ., concur.