Opinion
2011-11-10
The PEOPLE of the State of New York, Respondent,v.Ronnie GORDON, Defendant–Appellant.
Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered March 15, 2010. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree (three counts).Peter J. Digiorgio, Jr., Utica, for defendant–appellant.Scott D. Mcnamara, District Attorney, Utica (Steven G. Cox of Counsel), for respondent.MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of three counts of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ). We reject defendant's contention that his waiver of the right to appeal is invalid. “The written waiver of the right to appeal, together with defendant's responses during the plea proceeding, establish that the waiver was voluntarily, knowingly, and intelligently entered” ( People v. Griner, 50 A.D.3d 1557, 1558, 855 N.Y.S.2d 800, lv. denied 11 N.Y.3d 737, 864 N.Y.S.2d 395, 894 N.E.2d 659). That valid waiver of the right to appeal encompasses defendant's challenge to the factual sufficiency of the plea allocution ( see People v. Grimes, 53 A.D.3d 1055, 1056, 860 N.Y.S.2d 723, lv. denied 11 N.Y.3d 789, 866 N.Y.S.2d 615, 896 N.E.2d 101), his challenge to the severity of the sentence ( see People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46), and the alleged denial by County Court of his right to proceed pro se ( see People v. Shields, 205 A.D.2d 833, 834, 613 N.Y.S.2d 281).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., FAHEY, PERADOTTO, GREEN, and GORSKI, JJ., concur.