Opinion
660/20 KA 18-01930
11-20-2020
The PEOPLE of the State of New York, Respondent, v. Corey SULLIVAN, Defendant-Appellant.
ORDER Now, upon the Court's own motion,
It is hereby ORDERED that the memorandum and order entered July 24, 2020 ( 185 A.D.3d 1527, 125 N.Y.S.3d 909 [4th Dept. 2020] ) is vacated and the following memorandum and order is substituted therefor:
Appeal from a judgment of the Erie County Court (Kenneth F. Case, J.), rendered February 9, 2018. The judgment convicted defendant upon a plea of guilty of burglary in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of a burglary in the second degree ( Penal Law § 140.25 [2] ), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe. 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, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied ––– U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020] ; People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Jenkins , 184 A.D.3d 1150, 1150, 123 N.Y.S.3d 887 [4th Dept. 2020], lv denied 35 N.Y.3d 1067, 129 N.Y.S.3d 403, 152 N.E.3d 1204 [2020] ), and that valid waiver forecloses his challenge to the severity of the sentence (see Lopez , 6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Hidalgo , 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 [1998] ).