THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. ROBERT THOUSAND DEFENDANT APPELLANT (2012)

MEMORANDUM AND ORDER

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

Memorandum:  On appeal from a judgment convicting him following his plea of guilty of manslaughter in the first degree (Penal Law § 125.20[1] ), defendant contends that his waiver of the right to appeal was invalid.   We reject that contention (see generally People v. Porter, 55 AD3d 1313, lv. denied 11 NY3d 899).   Defendant's valid waiver of the right to appeal encompasses his challenges to the severity of the sentence (see id.), the decision of the suppression court (see People v. Kemp, 94 N.Y.2d 831, 833), and the factual sufficiency of the plea allocution (see People v. Zimmerman, 219 A.D.2d 848, 848, lv. denied 88 N.Y.2d 856).   We reject defendant's contention that County Court erred in denying his motion to withdraw his guilty plea on the ground that his plea colloquy negated the elements of manslaughter in the second degree.   Defendant pleaded guilty to a crime lesser than that charged in the indictment, and a factual colloquy thus was not required (see id.).

Frances E. Cafarell

Clerk of the Court