Opinion
406 KA 15–02021
03-23-2018
The PEOPLE of the State of New York, Respondent, v. Leonard GLOWACKI, Defendant–Appellant.
LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT–APPELLANT. LEONARD GLOWACKI, DEFENDANT–APPELLANT PRO SE. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
LINDA M. CAMPBELL, SYRACUSE, FOR DEFENDANT–APPELLANT.
LEONARD GLOWACKI, DEFENDANT–APPELLANT PRO SE.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, CARNI, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
Memorandum:Defendant appeals from a judgment convicting him upon his plea of guilty of aggravated vehicular homicide ( Penal Law § 125.14 [1 ] ) and driving while intoxicated as a class E felony ( Vehicle and Traffic Law §§ 1192[2] ; 1193[1][c][i][A] ). Contrary to the contention in defendant's main and pro se supplemental briefs, the record establishes that defendant knowingly, voluntarily and intelligently waived his right to appeal (see People v. Taggart, 124 A.D.3d 1362, 1362, 998 N.Y.S.2d 272 [4th Dept. 2015] ; see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and that valid waiver forecloses defendant's challenge to the severity of his sentence (see Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ). Defendant further contends in his pro se supplemental brief that he was denied effective assistance of counsel at sentencing. Even assuming, arguendo, that defendant's contention survives his guilty plea and valid waiver of the right to appeal, "we conclude that defendant's challenges to counsel's conduct at sentencing do not warrant reversal or modification of the judgment[ ] of conviction" ( People v. McFarley, 144 A.D.3d 1521, 1522, 40 N.Y.S.3d 853 [4th Dept. 2016] ).
We note that the uniform sentence and commitment form contains an inaccurate citation to Penal Law § 125.15 for aggravated vehicular homicide rather than the correct citation, Penal Law § 125.14. The uniform sentence and commitment form must therefore be amended to correct that clerical error (see People v. Cruz, 144 A.D.3d 1494, 1495, 40 N.Y.S.3d 860 [4th Dept. 2016] ; People v. Hawkins, 70 A.D.3d 1389, 1389, 894 N.Y.S.2d 686 [4th Dept. 2010], lv denied 14 N.Y.3d 888, 903 N.Y.S.2d 776, 929 N.E.2d 1011 [2010] ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.