THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. RAMONE WALKER DEFENDANT APPELLANT (2013)

MEMORANDUM AND ORDER

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

Memorandum:  Defendant appeals from a judgment convicting him upon a plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06[5] ).   The waiver by defendant of the right to appeal encompasses his challenge to the factual sufficiency of the plea allocution (see People v. Thousand, 96 AD3d 1439, 1439–1440, lv denied 19 NY3d 1002) and, moreover, that challenge is unpreserved for our review inasmuch as defendant did not move to withdraw the plea or vacate the judgment of conviction (see People v. Lopez, 71 N.Y.2d 662, 665;  People v. Nelson, 105 AD3d 1389, 1390, lv denied 21 NY3d 1044).   The waiver of the right to appeal also encompasses defendant's contention that the sentence is unduly harsh and severe (see generally People v. Maracle, 19 NY3d 925, 928;  People v. Hidalgo, 91 N.Y.2d 733, 737).

Frances E. Cafarell

Clerk of the Court