Opinion
No. KA 06-03301.
March 14, 2008.
Appeal from a judgment of the Erie County Court (Shirley Troutman, J.), rendered October 16, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (J. MICHAEL MARION OF COUNSEL), FOR RESPONDENT.
Present: Smith, J.P., Centra, Fahey, Peradotto and Green, JJ.
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 criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16). Contrary to the contention of defendant, the record establishes that he voluntarily, knowingly, and intelligently waived his right to appeal ( see People v Lopez, 6 NY3d 248, 256; People v Kemp, 94 NY2d 831, 833), and that valid waiver encompasses his challenge to the severity of the sentence ( see People v Lococo, 92 NY2d 825, 827; People v Burney, 41 AD3d 1221, lv denied 9 NY3d 863).