People v. Rosado-Thomas, 46

• Decision Date: 13 March 2020
• Docket Number: KA 17–01359,46
• Parties: The PEOPLE of the State of New York, Respondent, v. German ROSADO–THOMAS, also known as "Man Man", Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

181 A.D.3d 1166

118 N.Y.S.3d 492 (Mem)

The PEOPLE of the State of New York, Respondent,

v.German ROSADO–THOMAS, also known as "Man Man", Defendant–Appellant.

46

KA 17–01359

Supreme Court, Appellate Division, Fourth Department, New York.

Entered: March 13, 2020

KATHRYN FRIEDMAN, BUFFALO, FOR DEFENDANT–APPELLANT.

JOHN J. FLYNN, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT.

PRESENT: CENTRA, J.P., PERADOTTO, LINDLEY, NEMOYER, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

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 manslaughter in the first degree ( Penal Law § 125.20[1] ). We affirm. We note at the outset that defendant does not challenge the validity of his waiver of the right to appeal. Although defendant's challenge to the voluntariness of his guilty plea would survive even a valid waiver of the right to appeal, it is nevertheless unpreserved for appellate review and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see People v. Arline, 169 A.D.3d 1371, 1372, 91 N.Y.S.3d 749 [4th Dept. 2019], lv denied 33 N.Y.3d 974, 101 N.Y.S.3d 233, 124 N.E.3d 722 [2019] ). Defendant's challenge to the severity of his sentence is foreclosed by his unchallenged waiver of the right to appeal (see People v. Putman, 163 A.D.3d 1461, 1461, 76 N.Y.S.3d 867 [4th Dept. 2018] ). Finally, to the extent that defendant challenges the legality of his sentence, that contention is without merit (see § 70.02 [3][a] ).