Opinion
No. 1 KA 23-00426
02-09-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JEREMIAH ROWELL, DEFENDANT-APPELLANT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ABIGAIL D. WHIPPLE OF COUNSEL), FOR DEFENDANT-APPELLANT. JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ABIGAIL D. WHIPPLE OF COUNSEL), FOR DEFENDANT-APPELLANT.
JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MICHAEL J. HILLERY OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., LINDLEY, OGDEN, NOWAK, AND DELCONTE, JJ.
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered January 17, 2023. The judgment convicted defendant upon his plea of guilty of attempted assault in the first degree.
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 attempted assault in the first degree (Penal Law §§ 110.00, 120.10 [1]). Contrary to defendant's contention, the record establishes that the oral colloquy, together with the written waiver of the right to appeal, was adequate to ensure that defendant's waiver of the right to appeal was made knowingly, intelligently, and voluntarily (see People v Thomas, 34 N.Y.3d 545, 564 [2019], cert denied __US__, 140 S.Ct. 2634 [2020]; People v Sullivan, 188 A.D.3d 1774, 1774-1775 [4th Dept 2020], lv denied 36 N.Y.3d 1060 [2021]; People v Jenkins, 184 A.D.3d 1150, 1150 [4th Dept 2020], lv denied 35 N.Y.3d 1067 [2020]). The valid waiver forecloses defendant's challenge to the severity of the sentence (see People v Lopez, 6 N.Y.3d 248, 256 [2006]; Sullivan, 188 A.D.3d at 1774-1775).