THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. MARCELLUS PIERCE DEFENDANT APPELLANT (2017)

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 attempted robbery in the third degree (Penal Law §§ 110.00, 160.05) and grand larceny in the fourth degree (§ 155.30[8] ).  Contrary to defendant's contention, we conclude that “[t]he plea colloquy and the written waiver of the right to appeal signed [and acknowledged in County Court] by defendant demonstrate that [he] knowingly, intelligently and voluntarily waived the right to appeal,” including the right to appeal the severity of the sentence (People v. Farrara, 145 AD3d 1527, 1527 [internal quotation marks omitted];  see People v. Ramos, 7 NY3d 737, 738).  Defendant's valid waiver forecloses his challenge to the severity of the sentence (see People v. Lopez, 6 NY3d 248, 255–256;  cf.  People v. Maracle, 19 NY3d 925, 928).

Frances E. Cafarell

Clerk of the Court