Opinion
KA 01-02054
February 7, 2003.
Appeal from a judgment of Supreme Court, Chautauqua County (Martoche, J.), entered October 16, 2000, convicting defendant upon his plea of guilty of, inter alia, unlawful imprisonment in the first degree.
BONNIE BURGIO, WATERTOWN, FOR DEFENDANT-APPELLANT.
JAMES P. SUBJACK, DISTRICT ATTORNEY, MAYVILLE (TRACEY A. BRUNECZ OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE, AND HAYES, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, Supreme Court did not err in requiring that he waive his right to appeal as a condition of the plea agreement despite the People's failure to seek such a waiver (see People v. Vargas, 258 A.D.2d 350, 350, lv denied 93 N.Y.2d 903; see generally People v. Grant, 99 A.D.2d 536). That waiver encompasses defendant's challenges to the factual sufficiency of the plea allocution (see People v. Dewitt, 295 A.D.2d 937, lv denied 98 N.Y.2d 709). We reject the contention of defendant that the court erred in sentencing him as a second felony offender. Defendant waived strict compliance with CPL 400.21 when he admitted the predicate felony and informed the court that he was not challenging the predicate felony statement (see People v. Maynard, 294 A.D.2d 866, lv denied 98 N.Y.2d 694, 699; People v. Kennedy, 277 A.D.2d 814, lv denied 96 N.Y.2d 760; People v. Alexander, 98 A.D.2d 961).