People v. Grant

Appeal from a judgment of the Supreme Court, Erie County (M. William Boller, A.J.), rendered December 20, 2010. The judgment convicted defendant, upon his plea of guilty, of attempted burglary in the second degree.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Barbara J. Davies of Counsel), for defendant-appellant. Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for respondent.
MEMORANDUM:

Defendant appeals from a judgment convicting him upon his plea of guilty of attempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2] ). Contrary to defendant's contention, his valid waiver of the right to appeal forecloses his challenge to the severity of the sentence ( see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145;see generally 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). Supreme Court advised defendant at the time of the waiver of the potential maximum term of incarceration, and thus the waiver encompasses defendant's present challenge to the sentence ( see Lococo, 92 N.Y.2d at 827, 677 N.Y.S.2d 57, 699 N.E.2d 416;cf. People v. Newman, 21 A.D.3d 1343, 801 N.Y.S.2d 649;People v. McLean, 302 A.D.2d 934, 753 N.Y.S.2d 799).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. CENTRA, J.P., FAHEY, PERADOTTO, CARNI, and SCONIERS, JJ., concur.