THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. EZEQUIEL SANTANA DEFENDANT APPELLANT (2018)

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 arson in the third degree (Penal Law

§ 150.10 [1] ).  Defendant contends that he did not validly waive his right to appeal inasmuch as the questions asked of him with respect to the waiver were vague and thus do not demonstrate that he knowingly, voluntarily, and intelligently waived his right to appeal.  We reject that contention.  The oral and written waiver of the right to appeal obtained during the plea proceeding establish that defendant knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Butler, 151 AD3d 1959–1960 [4th Dept 2017], lv denied 30 NY3d 948 [2017] ).  Defendant's valid waiver of the right to appeal encompasses his contention that the sentence imposed is unduly harsh and severe (see People v. Lopez, 6 NY3d 248, 255–256 [2006];  People v. Hidalgo, 91 N.Y.2d 733, 737 [1998];  cf.  People v. Maracle, 19 NY3d 925, 928 [2012] ).

Mark W. Bennett

Clerk of the Court