Opinion
07-10-2015
The PEOPLE of the State of New York, Respondent, v. Paul S. TURLEY, Defendant–Appellant. (Appeal No. 2.).
David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant. Paul S. Turley, Defendant–Appellant Pro Se. Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
David J. Farrugia, Public Defender, Lockport (Mary–Jean Bowman of Counsel), for Defendant–Appellant.
Paul S. Turley, Defendant–Appellant Pro Se.
Michael J. Violante, District Attorney, Lockport (Thomas H. Brandt of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of bail jumping in the first degree (Penal Law § 215.57 ). The record establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), and that valid waiver encompasses his challenge to the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827, 677 N.Y.S.2d 57, 699 N.E.2d 416 ; People v. Hidalgo, 91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46 ).
Defendant contends in his pro se supplemental brief that the indictment is invalid because he was allegedly arrested prior to the expiration of the 30–day “grace period” provided in Penal Law § 215.57, and thus that reversal is required (cf. People v. Shurn, 71 A.D.2d 610, 610, 418 N.Y.S.2d 442, affd. 50 N.Y.2d 914, 431 N.Y.S.2d 448, 409 N.E.2d 923 ). That contention is not properly before us. “Because the [indictment] is not jurisdictionally defective, defendant's challenge[ ] to the [indictment is] forfeited by defendant's plea of guilty ..., and in any event the valid waiver of the right to appeal encompasses [that] nonjurisdictional challenge[ ]” (People v. Rossborough, 101 A.D.3d 1775, 1775–1776, 956 N.Y.S.2d 389 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SMITH, J.P., PERADOTTO, SCONIERS, VALENTINO, and DeJOSEPH, JJ., concur.