Opinion
689 KA 17–01201
06-08-2018
The PEOPLE of the State of New York, Respondent, v. Otis B. TILFORD, Defendant–Appellant.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (THERESA L. PREZIOSO OF COUNSEL), FOR DEFENDANT–APPELLANT.
CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, PERADOTTO, DEJOSEPH, AND TROUTMAN, JJ.
MEMORANDUM AND ORDER
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 attempted arson in the second degree ( Penal Law §§ 110.00, 150.15 ), defendant contends that his waiver of the right to appeal is invalid. We reject that contention. Supreme Court " ‘did not improperly conflate the waiver of the right to appeal with those rights automatically forfeited by a guilty plea’ " ( People v. Mills, 151 A.D.3d 1744, 1745, 57 N.Y.S.3d 298 [4th Dept. 2017], lv denied 29 N.Y.3d 1131, 64 N.Y.S.3d 681, 86 N.E.3d 573 [2017] ; see People v. Tabb, 81 A.D.3d 1322, 1322, 916 N.Y.S.2d 567 [4th Dept. 2011], lv denied 16 N.Y.3d 900, 926 N.Y.S.2d 35, 949 N.E.2d 983 [2011] ). Defendant's valid waiver of the right to appeal encompasses his challenge to the severity of the sentence (see Mills, 151 A.D.3d at 1745, 57 N.Y.S.3d 298 ).