Opinion
06-30-2017
The PEOPLE of the State of New York, Respondent, v. Marcellus J. PIERCE, Defendant–Appellant.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for defendant-appellant. John J. Flynn, District Attorney, Buffalo (Nicholas T. Texido of Counsel), for respondent.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Nicholas T. Texido of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the third degree (Penal Law §§ 110.00, 160.05 ) and grand larceny in the fourth degree (§ 155.30[8] ). Contrary to defendant's contention, we conclude that "[t]he plea colloquy and the written waiver of the right to appeal signed [and acknowledged in County Court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived the right to appeal," including the right to appeal the severity of the sentence (People v. Farrara, 145 A.D.3d 1527, 1527, 42 N.Y.S.3d 915 [internal quotation marks omitted]; see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ). Defendant's valid waiver forecloses his challenge to the severity of the sentence (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; cf. People v. Maracle, 19 N.Y.3d 925, 928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., CARNI, LINDLEY, CURRAN, and TROUTMAN, JJ., concur.