Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Robert L. JONES, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ). Contrary to defendant's contention, the record establishes that defendant knowingly, voluntarily and intelligently waived the right to appeal (see People v. Taggart, 124 A.D.3d 1362, 1362, 998 N.Y.S.2d 272 ; see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), and that valid waiver by its terms forecloses any challenge by defendant to the severity of the sentence (see Lopez, 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; see generally People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ). Although County Court failed to apprise defendant of the maximum sentence he could receive upon his conviction, " ‘the requirement that a defendant be apprised of [the] maximum sentence in order for a waiver to be valid does not apply in a situation such as this[,] where there is a specific sentence promise at the time of the waiver’ " (People v. Semple, 23 A.D.3d 1058, 1059, 804 N.Y.S.2d 192, lv. denied 6 N.Y.3d 852, 816 N.Y.S.2d 758, 849 N.E.2d 981 ; see people v. brown, 115 a.d.3d 1204, 1206, 982 n.Y.s.2d 255, lv. denied 23 N.Y.3d 1060, 994 N.Y.S.2d 319, 18 N.E.3d 1140 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
WHALEN, P.J., CARNI, NEMOYER, CURRAN, and TROUTMAN, JJ., concur.