Opinion
2013-12-27
The PEOPLE of the State of New York, Respondent, v. Mark BRIDENBAKER, Defendant–Appellant.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered October 25, 2012. The judgment convicted defendant, upon his plea of guilty, of reckless assault of a child. Thomas E. Andruschat, East Aurora, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered October 25, 2012. The judgment convicted defendant, upon his plea of guilty, of reckless assault of a child.
Thomas E. Andruschat, East Aurora, for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (David Panepinto of Counsel), for Respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of reckless assault of a child ( Penal Law § 120.02 [1] ). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived his right to appeal ( see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145). “Although County Court's colloquy was brief, defendant signed a detailed written waiver of the right to appeal ..., and he acknowledged to the court that he understood that he was foregoing the right to appeal” (People v. Luper, 101 A.D.3d 1668, 1668, 955 N.Y.S.2d 788, lv. denied20 N.Y.3d 1101, 965 N.Y.S.2d 797, 988 N.E.2d 535; see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222; cf. People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645). The valid waiver encompasses defendant's challenge to the severity of the sentence ( see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. SCUDDER, P.J., CENTRA, CARNI, SCONIERS, and WHALEN, JJ., concur.