THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. HENRI ALFIERE DEFENDANT APPELLANT (2017)

Supreme Court, Appellate Division, Fourth Department, New York.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. HENRI J. ALFIERE, DEFENDANT–APPELLANT.

KA 17–00007

Decided: December 22, 2017

PRESENT: WHALEN, P.J., SMITH, LINDLEY, NEMOYER, AND TROUTMAN, JJ.

DAVID J. FARRUGIA, PUBLIC DEFENDER, LOCKPORT (JOSEPH G. FRAZIER OF COUNSEL), FOR DEFENDANT–APPELLANT. CAROLINE A. WOJTASZEK, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT 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 attempted assault in the second degree (Penal Law §§ 110.00, 120.05[12] ). Contrary to defendant's contention, his waiver of the right to appeal is valid (see generally People v. Lopez, 6 NY3d 248, 256 [2006] ). The record establishes that he “understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty” (id.). Defendant's valid waiver of the right to appeal forecloses his challenge to the severity of the sentence (see id. at 255–256).

Mark W. Bennett

Clerk of the Court

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