Opinion
2013-07-19
The PEOPLE of the State of New York, Respondent, v. Charles L. JONES, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp Of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling Of Counsel), for Respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp Of Counsel), for Defendant–Appellant. Frank A. Sedita, III, District Attorney, Buffalo (Donna A. Milling Of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, WHALEN, AND MARTOCHE, JJ.
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10[2][b] ), defendant contends that he did not knowingly, voluntarily and intelligently waive his right to appeal. We reject that contention. Defendant waived his right to appeal both orally and in writing, and we conclude that “ ‘ [d]efendant's responses to County Court's questions unequivocally established that defendant understood the proceedings and was voluntarily waiving the right to appeal’ ” ( People v. Buryta, 85 A.D.3d 1621, 1622, 924 N.Y.S.2d 894;see People v. Lyons, 86 A.D.3d 930, 930, 926 N.Y.S.2d 255,lv. denied17 N.Y.3d 954, 936 N.Y.S.2d 80, 959 N.E.2d 1029). Defendant's valid waiver of the right to appeal encompasses his contention that the court abused its discretion in denying his request for youthful offender status ( see People v. Jones, 96 A.D.3d 1637, 1637, 946 N.Y.S.2d 797,lv. denied19 N.Y.3d 1103, 955 N.Y.S.2d 559, 979 N.E.2d 820;People v. Rush, 94 A.D.3d 1449, 1449–1450, 942 N.Y.S.2d 844,lv. denied19 N.Y.3d 967, 950 N.Y.S.2d 119, 973 N.E.2d 217), as well as his contention concerning the severity of the sentence ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;Jones, 96 A.D.3d at 1637, 946 N.Y.S.2d 797).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.