Opinion
1542 KA 15–02165
12-22-2017
The PEOPLE of the State of New York, Respondent, v. Rickey MELLERSON, Defendant–Appellant.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (MICHAEL S. DEAL OF COUNSEL), FOR DEFENDANT–APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (DANIEL J. PUNCH OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, LINDLEY, AND WINSLOW, JJ.
MEMORANDUM AND ORDER
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of vehicular manslaughter in the first degree ( Penal Law § 125.13 [1 ] ), defendant contends that his waiver of the right to appeal is invalid. Contrary to defendant's contention, "[t]he record establishes that County Court engage[d] ... defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice ..., and informed him that the waiver was a condition of the plea agreement" ( People v. Snyder, 151 A.D.3d 1939, 1939, 54 N.Y.S.3d 899 [4th Dept. 2017] [internal quotation marks omitted]; see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). Contrary to defendant's further contention, the valid waiver of the right to appeal the "conviction and sentence," which was made after defendant was informed of the maximum potential sentence (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 [1998] ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ), encompasses his challenge to the severity of the sentence (cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 [2012] ). Defendant is thus precluded from "subsequently eviscerat[ing the plea] bargain by asking an appellate court to reduce the sentence in the interest of justice" ( Lopez, 6 N.Y.3d at 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.