Opinion
1190 KA 16–02157
11-16-2018
The PEOPLE of the State of New York, Respondent, v. Arthur C. LINK, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT–APPELLANT. LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (CAITLIN M. CONNELLY OF COUNSEL), FOR DEFENDANT–APPELLANT.
LORI PETTIT RIEMAN, DISTRICT ATTORNEY, LITTLE VALLEY, FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, CENTRA, NEMOYER, AND CURRAN, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree ( Penal Law § 220.34[1] ). Contrary to defendant's contention, the record establishes that he validly waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Burdick, 159 A.D.3d 1444, 1444, 70 N.Y.S.3d 126 [4th Dept. 2018], lv denied 31 N.Y.3d 1115, 81 N.Y.S.3d 375, 106 N.E.3d 758 [2018] ; People v. Farrara, 145 A.D.3d 1527, 1527, 42 N.Y.S.3d 915 [4th Dept. 2016], lv denied 29 N.Y.3d 997, 57 N.Y.S.3d 718, 80 N.E.3d 411 [2017] ). Although the better practice is to inform the defendant during the plea colloquy that appellate counsel will be appointed if he or she is indigent (see People v. Brown, 122 A.D.3d 133, 144, 992 N.Y.S.2d 297 [2d Dept. 2014], lv denied 24 N.Y.3d 1042, 998 N.Y.S.2d 312, 23 N.E.3d 155 [2014] ), County Court's failure "to go into that level of detail did not render the waiver invalid" ( People v. Pope, 129 A.D.3d 1389, 1391, 14 N.Y.S.3d 512 [3d Dept. 2015] [Devine, J., concurring]; see generally Lopez, 6 N.Y.3d at 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; Brown, 122 A.D.3d at 145, 992 N.Y.S.2d 297 ). Defendant's valid waiver of his right to appeal forecloses his challenge to the severity of his sentence (see Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).