THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. BERNARD ROBERSON DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. BERNARD ROBERSON, DEFENDANT–APPELLANT.

KA 15–00533

Decided: April 28, 2017

PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND SCUDDER, JJ.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ALAN WILLIAMS OF COUNSEL), FOR DEFENDANT–APPELLANT. MICHAEL J. FLAHERTY, JR., DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

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 manslaughter in the first degree (Penal Law § 125.20[1] ). Contrary to defendant's contention, the record establishes that he knowingly, voluntarily, and intelligently waived the right to appeal (see generally People v. Lopez, 6 NY3d 248, 256). Defendant's waiver of the right to appeal was a “general unrestricted waiver” that encompasses his contention that the sentence imposed is unduly harsh and severe (People v. Hidalgo, 91 N.Y.2d 733, 737; see Lopez, 6 NY3d at 255–256; cf. People v. Maracle, 19 NY3d 925, 928).

Frances E. Cafarell

Clerk of the Court

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