Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Alphonse B. LASSITER, Defendant–Appellant.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant. Sandra Doorley, District Attorney, Rochester (Kelly Christine Wolford of Counsel), for respondent.
Timothy P. Donaher, Public Defender, Rochester (Kimberly F. Duguay of Counsel), for defendant-appellant.
Sandra Doorley, District Attorney, Rochester (Kelly Christine Wolford of Counsel), for respondent.
MEMORANDUM:Defendant appeals from a judgment convicting him upon his plea of guilty of robbery in the second degree (Penal Law § 160.10[2][b] ). Contrary to defendant's contention, the record establishes that his waiver of the right to appeal was knowing, intelligent and voluntary (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), and we conclude that the valid waiver encompasses 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 ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., PERADOTTO, LINDLEY, CURRAN, and SCUDDER, JJ., concur.