PEOPLE v. WEST (1997)

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

PEOPLE of the State of New York, Respondent, v. Rafael WEST, Appellant.

Decided: May 30, 1997

Before DENMAN, P.J., and GREEN, BALIO, BOEHM and FALLON, JJ.

Linda S. Reynolds by Michael Walsh, Buffalo, for Appellant. Frank J. Clark, III by Susan Nusbaum, Buffalo, for Respondent.

Defendant knowingly, intelligently and voluntarily waived his right to appeal. The contention that his sentence is unduly harsh and severe does not survive that waiver (see, People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Delgado, 237 A.D.2d 972, 656 N.Y.S.2d 1018). Supreme Court's statement at sentencing that defendant had 30 days to appeal does not vitiate defendant's otherwise valid waiver of the right to appeal (see, People v. Moissett, 76 N.Y.2d 909, 912, 563 N.Y.S.2d 43, 564 N.E.2d 653).

Judgment unanimously affirmed.

MEMORANDUM:

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