Opinion
1467 KA 16–02284
12-21-2018
The PEOPLE of the State of New York, Respondent, v. Korey GARRETT, Defendant–Appellant.
DAVID J. PAJAK, ALDEN, FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
DAVID J. PAJAK, ALDEN, FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
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 robbery in the first degree ( Penal Law § 160.15 [1 ] ). Contrary to defendant's contention, the oral and written waivers of the right to appeal obtained during the plea proceeding establish that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Eaton, 151 A.D.3d 1950, 1951, 54 N.Y.S.3d 903 [4th Dept. 2017] ; People v. Butler, 151 A.D.3d 1959, 1959, 55 N.Y.S.3d 569 [4th Dept. 2017], lv denied 30 N.Y.3d 948, 67 N.Y.S.3d 131, 89 N.E.3d 521 [2017] ), and that valid waiver encompasses defendant's challenge to the severity of the sentence (see People v. Lopez, 6 NY3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see generally People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).