THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. APPEAL NO (2015)

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 bail jumping in the first degree (Penal Law § 215.57).   The record establishes that defendant knowingly, voluntarily, and intelligently waived his right to appeal (see generally People v. Lopez, 6 NY3d 248, 256), and that valid waiver encompasses his challenge to the severity of the sentence (see People v. Lococo, 92 N.Y.2d 825, 827;  People v. Hidalgo, 91 N.Y.2d 733, 737).

Defendant contends in his pro se supplemental brief that the indictment is invalid because he was allegedly arrested prior to the expiration of the 30–day “grace period” provided in Penal Law § 215.57, and thus that reversal is required (cf.  People v. Shurn, 71 A.D.2d 610, 610, affd 50 N.Y.2d 914).   That contention is not properly before us.  “Because the [indictment] is not jurisdictionally defective, defendant's challenge[ ] to the [indictment is] forfeited by defendant's plea of guilty ․, and in any event the valid waiver of the right to appeal encompasses [that] nonjurisdictional challenge [ ]” (People v. Rossborough, 101 AD3d 1775, 1775–1776).

Frances E. Cafarell

Clerk of the Court