THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MARK BRIDENBAKER 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 his plea of guilty of reckless assault of a child (Penal Law § 120.02[1] ).   Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and intelligently waived his right to appeal (see generally People v. Lopez, 6 NY3d 248, 256).  “Although County Court's colloquy was brief, defendant signed a detailed written waiver of the right to appeal ․, and he acknowledged to the court that he understood that he was foregoing the right to appeal” (People v. Luper, 101 AD3d 1668, 1668, lv denied 20 NY3d 1101;  see People v. Ramos, 7 NY3d 737, 738;  cf.  People v. Bradshaw, 18 NY3d 257, 267).   The valid waiver encompasses defendant's challenge to the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827).

Frances E. Cafarell

Clerk of the Court