PEOPLE v. CHURCH (2007)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Robert A. CHURCH, Defendant-Appellant.

Decided: February 02, 2007

PRESENT: MARTOCHE, J.P., SMITH, CENTRA, LUNN, AND FAHEY, JJ.

Cynthia B. Brennan, Auburn, for Defendant-Appellant. James B. Vargason, District Attorney, Auburn (Christopher T. Valdina of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the second degree (Penal Law § 140.25[2] ). The contention of defendant that County Court abused its discretion in accepting his plea to burglary in the second degree when his codefendants were permitted to plead guilty to burglary in the third degree does not survive his waiver of the right to appeal (see generally People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022). In any event, that contention lacks merit.

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

MEMORANDUM:

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