People v. Wright

• Decision Date: 27 April 2018
• Docket Number: 547,KA 15–00982
• Citation: 160 A.D.3d 1478,72 N.Y.S.3d 893
• Parties: The PEOPLE of the State of New York, Respondent, v. Leon D. WRIGHT, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

160 A.D.3d 1478

72 N.Y.S.3d 893 (Mem)

The PEOPLE of the State of New York, Respondent,

v.Leon D. WRIGHT, Defendant–Appellant.

547

KA 15–00982

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

Entered: April 27, 2018

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER (JANET C. SOMES OF COUNSEL), FOR DEFENDANT–APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (STEPHEN X. O'BRIEN OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., CENTRA, LINDLEY, AND NEMOYER, JJ.

MEMORANDUM AND ORDERMemorandum:

On appeal from a judgment convicting him upon his plea of guilty of course of sexual conduct against a child in the first degree ( Penal Law § 130.75[1][b] ), defendant contends that his sentence is unduly harsh and severe.We agree with the People that defendant knowingly, voluntarily and intelligently waived his right to appeal.County Court"engaged defendant‘in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ "( People v. Mills,151 A.D.3d 1744, 1745, 57 N.Y.S.3d 298[4th Dept.2017],lv. denied29 N.Y.3d 1131, 64 N.Y.S.3d 681, 86 N.E.3d 573[2017];seePeople v. Lopez,6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145[2006] ), and the oral waiver was buttressed by a written waiver executed by defendant and defense counsel(seePeople v. Gaines,159 A.D.3d 1389, 1390, 72 N.Y.S.3d 297[4th Dept.2018] ).We conclude that the valid waiver of the right to appeal encompasses defendant's challenge to the severity of the sentence (seeLopez,6 N.Y.3d at 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Hidalgo,91 N.Y.2d 733, 737, 675 N.Y.S.2d 327, 698 N.E.2d 46[1998] ).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.